Archived
Do you have to pay a fee to request an extension to file a Writ of Certiorari in the U.S. Supreme Court?
Martin's answer
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Answered on May 20, 2019
That's rule 13.5 of the Rules of the Supreme Court of the United States; it's on the court's Web site.
IF the court of appeal has a “tentative decision” at issuance of “waiver for oral argument”, why take months for opinion filing?
Martin's answer
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Answered on May 16, 2019
Except in the Fourth District, Division Two (which issues tentative opinions with an oral argument waiver notice), I don't think it's necessarily...
Archived
If a judge decides on a motion from documents submitted and the decision is erroneous i'm wondering what demeanor misconduct is?
Martin's answer
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Answered on May 16, 2019
That reminds me of a question I had. If a case is tried to a jury, and the jury reaches an erroneous verdict, what is wild mountain honey?
Archived
When the California DCA denies my petition for Write of Mandate, how long do I have to file for review in the Supreme Court?
Martin's answer
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Answered on May 16, 2019
In most cases of denied writ petitions, the deadline for a petition for review is 10 days after the writ petition is denied. There's an exception...
Archived
How can i submit substantial evidence in court of appeal?
Martin's answer
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Answered on May 14, 2019
Although I am mostly in agreement with Mr. Doland's and Mr. Fox's answers, I think it is worth noting that a California appellate court DOES have...
Archived
What happens next in an appeal if both sides waive the oral argument?
Martin's answer
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Answered on May 12, 2019
If both sides waive oral argument, what happens next is that the Court of Appeal issues an order deeming the case "submitted," after which the...
Archived
My son got sentenced 10 years in Detroit Michigan and I want to know if I can appeal his time and what are the chances of him wi
Martin's answer
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Answered on April 28, 2019
No. You cannot appeal another person's sentence.
Archived
IIneffective Aid of Councel and Prosecutorial Misconduct by Defense Attorney and D.D.A. 5th Appelet OR Habeus Corpus?
Martin's answer
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Answered on April 25, 2019
It sounds like these claims would require evidence that won't be part of the record on appeal, in which case they cannot be raised on direct...
Archived
No appeal then appeal is okay...not make sense!
Martin's answer
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Answered on April 15, 2019
It's not a contradiction. A plaintiff cannot appeal a small claims judgment. A defendant can. So it's true that you can't appeal your own claim,...
Archived
Is there a law that holds the trail court responsible for costs on appeal in CA?
Martin's answer
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Answered on April 10, 2019
No. There is no scenario in which a trial court must reimburse a party for its costs on appeal. There are scenarios in which an improverished...
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