If a Defendant files a motion when an appeal is pending, does that motion become active when the appeal is closed.
Martin's answer
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Answered on August 15, 2022
You said that the defendant "filed" an answer while the appeal was pending. If the trial court didn't reject the filing, I would say that the...
Court of Appeal - Request to Publish Opinion?
Martin's answer
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Answered on August 13, 2022
"The request must be delivered to the rendering court within 20 days after the opinion is filed." The date the opinion was filed should be stamped...
Can you challenge a custody hearing ruling with a motion to reconsider under CR 59 (a) (1)?
Martin's answer
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Answered on August 12, 2022
If it didn't happen in a Washington state court, CR 59 isn't relevant.
If I've already been sentenced, have a turn in date, to do jail time, can I file a marsden motion and get credit for time serve
Martin's answer
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Answered on August 10, 2022
If you've already been sentenced, I don't see the point in a Marsden motion, as your appointed counsel's job seems to be finished. Any credit for...
What is the best approach to get a case dismissed after you've been convicted, served sentence, appealed and won the appeal.
Martin's answer
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Answered on August 08, 2022
Unless the conviction was reversed for insufficiency of the evidence, a retrial is not double jeopardy.
District Attorney questions
Martin's answer
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Answered on August 08, 2022
You can't fire a court-appointed attorney. You can make a motion to have that attorney replaced (called a Marsden motion), and you can make a...
Questions about the district attorney.
Martin's answer
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Answered on August 08, 2022
There wouldn't be any plea deal "on file" if, as you say, you haven't signed any plea deal. Since you are represented by counsel, the district...
During my divorce my ex is bringing in my own mother as a witness, my mother was a victim to a felony charge that i committed!!
Martin's answer
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Answered on August 08, 2022
No, the fact that you previously committed a felony against a person does not disqualify that person from testifying for your opponent in a divorce...
Blocked driveway in front of own home...?
Martin's answer
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Answered on August 01, 2022
Whether or not it's legal depends on the community's rules.
The clerk of the Supreme Court is demanding we serve parties that the Court of Appeal ruled were not parties at our appeal
Martin's answer
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Answered on July 25, 2022
You can serve the parties the Supreme Court clerk wants you to serve. That seems like the easiest and most efficient solution. Alternatively, you...
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