What is the maximum time for misdemeanor appeal if one is convicted but not sentenced yet. When does the 30 day start?
Martin's answer
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Answered on April 15, 2023
It's unclear what you mean by "the 30 day" and "the 30 days." There's more than one 30-day deadline in a misdemeanor appeal. And there's no...
Can a civil case,(in the la 2nd district of appeal)be removed from state court to federal court based on a unconstitutional law?
Martin's answer
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Answered on April 12, 2023
No, a case on appeal can't be removed, and a plaintiff can't remove.
Hello, I was convicted of a misdemeanor PC 422. I filed a timely notice of appeal and was appointed an attorney. After 7
Martin's answer
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Answered on April 01, 2023
See Rules 8.1000-8.1018 of the California Rules of Court.
What can be done after denial of a Petition for Review by the California Supreme Court?
Martin's answer
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Answered on March 31, 2023
If the California Supreme Court denies a petition for review which raises an issue of FEDERAL law, the party who raised the federal issue can file...
Can my roommate smoke weed around me wile i am on house arrest?
Martin's answer
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Answered on March 31, 2023
More information is required to answer that question. It depends on the conditions of your house arrest.
When File appeal?
Martin's answer
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Answered on March 27, 2023
You're likely to get a more accurate answer if you say what court made the decision you're interested in appealing. There are no "counterclaims"...
What am I entitled to if I were to Sue the DA office for Libel Def, Malicious Persecution, Unlawful Detention, Abuse of Process?
Martin's answer
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Answered on March 27, 2023
What you'd be entitled to is a quick dismissal of your complaint and an order that you pay the defendants' costs.
I am going through a court preceding where I am faceting two felonies and two misdemeanors. I think they are trumped up charges,
Martin's answer
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Answered on March 21, 2023
Thanks for sharing. If you have a question, be sure to ask it next time you post.
Can a criminal appeal for ineffective assistance of counsel include vital evidence that could have exonerated a defendant such
Martin's answer
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Answered on March 21, 2023
No. With very rare exceptions, an appellate court will not consider new evidence. (See Cal. Rules of Court, rule 8.252(c).) An ineffective...
Hi
In criminal cases, are judges required to ask a Defendant in open court if they wish to testify?
Martin's answer
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Answered on March 19, 2023
No, a judge is not required to ask a defendant personally whether he wants to testify, although judges sometimes do so and it's a good practice. ...
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