Can you do a Motion for Reconsideration at the Court of Appeal once the Court of Appeal has lost jurisdiction?
Martin's answer
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Answered on June 30, 2022
I don't think I've ever seen a "motion for reconsideration" filed in the Court of Appeal, but certainly one cannot be filed (or, if already filed,...
Hello, i want to appeal a misdemeanor case. the court appointed a public attorney to handle the appeal
Martin's answer
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Answered on June 28, 2022
No. If you pick the attorney, you pay the attorney.
When does the Court of Appeal lose jurisdiction on a case after entering an order on day 30th or on day 31st?
Martin's answer
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Answered on June 28, 2022
The day that is 30 days after the day the opinion was issued is the last day the Court of Appeal has jurisdiction, unless it's a court holiday.
Is it illegal to record a minor that is across the street from my house no relation to me?
Martin's answer
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Answered on June 25, 2022
I'm wondering how the minor can be both "no relation to me" and "my son." Regardless, no, there is no law against recording a minor committing a...
If I'm the victim and the only witness in a domestic violence case will the case get dropped
Martin's answer
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Answered on June 25, 2022
Not necessarily. Some domestic violence cases go to trial even when the alleged victim has changed his or her story. And I've seen cases in which...
The person serving an appeal forgot to give the party the appeal (I hired him to serve the other party)? Now it has been 8 days
Martin's answer
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Answered on June 24, 2022
It seems to me something is wrong with the question. A court should not have accepted any document for filing without proof of service on the...
Attorney Fees
Martin's answer
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Answered on June 23, 2022
If your attorney actually billed you for the time he spent on the application for an extension of time, and if you feel he would not have needed...
What does Balance to be served at credit rate of: PC 2933.1 (<15%) mean?
Martin's answer
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Answered on June 23, 2022
It means that the maximum amount of conduct credit (good/work time) will be 15 percent of actual custody credit, because the defendant was...
Appealing a small Claims court's decision?
Martin's answer
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Answered on June 21, 2022
The judgment of a small claims court can be appealed to the superior court by the defendant, not by the plaintiff. See Small Claims Appeals...
Does a defendant who lost in a small claims CA, no evidence supported there defense, would they be allowed to file an appeal?
Martin's answer
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Answered on June 20, 2022
Yes, when a small claims plaintiff receives a judgment in its favor, the defendant may appeal it, even if the defendant did not present evidence at...
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