Archived
How do you reinstate an appeal @ the appellate division that was dismissed because you didn't file a document on a timely manner
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Answered on May 11, 2017
The way you would try to do so is to file a motion to recall the remittitur, if a remittitur has been issued (see Cal. Rules of Court, rule 8.890),...
Archived
Hi my husband has a appeals attorney now we want to file misconduct on his attorney my husband been sentence so my question
Martin's answer
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Answered on May 11, 2017
Like Mr. Marshall, I don't know what you mean by "file misconduct." But the bottom line is that you don't have authority to instruct your...
Archived
Can you appeal a plea bargain or file a habeas corupus?
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Answered on May 10, 2017
I don't have enough information to say whether you'd have any chance of success, but yes, under certain circumstances, a conviction based on a plea...
Archived
How do I obtain a copy of the clerk's transcript?
Martin's answer
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Answered on May 08, 2017
The clerk's transcript is not a pre-existing document that you can see before designating the record. It is created based on what you designate...
Archived
In order to conduct a full analysis of a criminal trial, doesn't the appeals attorney need the entire record?
Martin's answer
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Answered on April 27, 2017
First, it's not strange at all that your court-appointed APPELLATE attorney wouldn't meet with you in person. I've been doing court-appointed...
Archived
Can an individual file an Appeal and designate the record for a Corporation in California, without an attorney?
Martin's answer
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Answered on April 26, 2017
No. Except for small claims court, a corporation cannot file papers in court other than through an attorney.
Archived
I have a question about California State criminal law appeal
Martin's answer
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Answered on April 25, 2017
The primary "instrument" for bringing a criminal case back to the trial court, either during or after an appeal, is a petition for a writ of habeas...
Archived
Do the things I say in court become part "of the record" for the purposes of appeal?
Martin's answer
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Answered on April 24, 2017
I find the second part of your post confusing as to what kind of hearing it was and what the potential issue on appeal might be. But to answer the...
In a small claim with 4 defendants, if only 1 defendant appeals, is a trial de novo still granted?
Martin's answer
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Answered on April 23, 2017
The defendant who appealed gets a trial de novo. The other defendants, it appears, are stuck with your judgment against them. "It is established...
Do I appeal an order granting summary judgment or do I have to wait for a judgment to be entered?
Martin's answer
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Answered on April 20, 2017
You have to wait. A notice of appeal would be premature before judgment is actually entered. The appellate court would have the power to...
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