Archived
I have a hearing for oral arguments coming up for my appeal. Can I provide evidence that a detective lied?
Eileen's answer
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Answered on April 24, 2013
You shouldn't be representing yourself. If you made an offer of proof at the motion to vacate of what the new evidence was then that evidence is...
Archived
If a jury find the defendant guilty what are other options besides an appeal before he get a sentence
Eileen's answer
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Answered on January 30, 2013
You and your attorney can prepare for sentencing by gathering and presenting evidence to show that he is a good person who should has prospects and...
Archived
In appellate court what is the difference between a motion and an application? Briefs are not yet due.
Eileen's answer
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Answered on January 30, 2013
Applications are usually for routine matters such as extensions of time when the court needs to consider facts but not law. Motions are for more...
Archived
If a request for reconsideration is denied can an appeal still be filed, or request for a new trial denied an appeal option?
Eileen's answer
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Answered on January 23, 2013
The County Bar Association has a lawyer referral service. http://sjcbar.org/lawyer-referral.html. If you consult with someone, you might be able to...
How much an appeal lawyer cost for murder conviction
Eileen's answer
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Answered on December 31, 2012
Even if you are over the 60 day limit to appeal, in criminal cases there may be a way to get around the deadline i.e. a Benoit motion or habeas...
Archived
Is it legal for a disbarred attorney to represent me at my unemployment appeals hearing in Colorado?
Eileen's answer
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Answered on December 29, 2012
Please consider contacting another CO lawyer to see if there is any action he or she can take regarding your unemployment hearing if the result was...
Archived
I have filled an appeal to riverside superior court and they want me to now fill a brief how do I do that ?
Eileen's answer
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Answered on December 27, 2012
Go to the law library in your area. They have books with sample briefs. Look at the formatting and arguments of the briefs to be filed in the...
Can an California appellate court applying de novo review consider new evidence not available to the trial court?
Eileen's answer
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Answered on October 10, 2012
I'm not sure that you are asking the right question. Look at Code of Civil Procedure section 1008 and see if that fits your time frame and facts....
Archived
My appeal was granted in full and the remittiter issued, but my parole officer will not release me from my gps.
Eileen's answer
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Answered on October 04, 2012
Does the DA plan to retry you? Why don't you contact your trial attorney and see what your status is. He or she can probably assist you with the...
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How to reinstate a California appeal after dismissal/remittitur for failure to pay fees after designating the record?
Eileen's answer
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Answered on August 04, 2012
You can give it a try. File a motion to be relieved of default in the Court of Appeal and explain your efforts and that you can pay now. Ask the...
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