What general rules must I follow when submitting a pro per supplemental brief to the California Court of Appeals, if any?
Martin's answer
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Answered on February 28, 2024
If you're talking about a pro per supplemental brief by a criminal defendant after appointed counsel has filed a no-merit brief, I am not aware of...
After filing an appeal can the appeal be amended and in what time frame.
Martin's answer
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Answered on February 24, 2024
More specific information is needed to provide an accurate answer. What court is the appeal in? What filing was the error "left out" of (e.g.,...
Is fictional pornography that depicts minors illegal?
Martin's answer
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Answered on February 21, 2024
What constitutes prohibited child pornography varies from state to state. If no actual child is depicted or used in the creation of the image,...
What are the options of the county's appellate division deny the request to certify a misdemeanor
Martin's answer
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Answered on February 16, 2024
The next step would be to ask the Court of Appeal to certify the case. See the California Rules of Court for details. No, the Appellate Division's...
In a criminal misdemeanor case where, among other issues, I believe federal rights were violated, what is the next step after ?
Martin's answer
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Answered on February 16, 2024
If the case was a misdemeanor from the start (no felony charges), then yes, the appeal of a conviction is to the appellate division of the superior...
Can my husband appeal his probation violation? He is waiting to be sent to prison for three years
Martin's answer
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Answered on February 15, 2024
Yes, a finding of a probation violation can be appealed, assuming the defendant did not admit the violation.
Is it legal for HOA Board members to spread gossip about other homeowners?
Martin's answer
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Answered on February 03, 2024
What you describe is not, by itself, a violation of any law that I'm aware of and is protected by the free speech provisions of the United States...
Will I get a warrant for my arrest?
Martin's answer
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Answered on January 27, 2024
If I had to guess, I'd predict that you won't be arrested IF there was no legitimate reason (such as a traffic violation) for the cop to pull you...
What if your attorney did not file letters from friends and family for sentencing ?
Martin's answer
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Answered on January 26, 2024
Theoretically, counsel's failure to submit the letters could be the subject of a petition for writ of habeas corpus alleging ineffective assistance...
The respondent's motion to dismiss was heard. the appellant did not file an opposition because he was not served with the motion
Martin's answer
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Answered on January 23, 2024
Appellate courts almost never hold oral argument on a motion to dismiss, and they certainly wouldn't do it without notifying both parties.
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