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In Calif., a COA (Blumenfeld v. Qualcomm) case is listed as ""NOT TO BE PUBLISHED", can it be cited in a Memorandum by a party?
Eileen's answer
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Answered on July 31, 2012
With very limited exceptions, California Rules of Court, rule 8.1115 prohibit a party from citing an unpublished opinion. Nothing prevents you,...
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What kind of lawyer do I look to retain in appealing a prop 36 case?
Eileen's answer
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Answered on June 28, 2012
This must be done within 60 days. Either ask the attorney who represented you to file a notice of appeal now or go to the court where you were...
Archived
If you have a court appointed attorney and ask them to appeal the judges rulings can they appeal? if not which statute?
Eileen's answer
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Answered on May 24, 2012
I am not a Minnesota lawyer, but many states require you to file a notice of appeal within strict time limits. Please contact your appointed lawyer...
Archived
Can I motion for relief from dismissal in appellate court after remittur is issued?
Eileen's answer
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Answered on April 11, 2012
It's a long shot, but you might ask the Court of Appeal to recall the remittitur and permit you to file a motion to be relieved from default.
Archived
How can I find out the legal consequences imposed on radiology technologists in the past for violating the Code of Ethics?
Eileen's answer
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Answered on March 07, 2012
I am not an Ohio lawyer, but in California professional board disciplinary actions are considered administrative law rather than appellate law. You...
Archived
Do you think he has a chance to win his appeal?
Eileen's answer
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Answered on February 07, 2012
Without reading the trial transcripts and knowing what motions were filed, it is impossible to say what your son's chances are on appeal....
Archived
IF RELIEF IS GRANTED ON APPEAL, DOES THE CASE GO BACK TO ORIGINAL STATUS?
Eileen's answer
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Answered on February 04, 2012
If the court permits you to withdraw your plea, the case will go back to the original status. I am less sure of the answer to your bail question...
Archived
CRIMINAL APPEAL, THE COURT GRANTED CONSOLIDATION OF THE DIRECT APPEAL AND WRIT OF HABEAS, IS THIS STANDARD OR A GOOD SIGN?
Eileen's answer
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Answered on February 04, 2012
The court can deny the petition after an informal response but it cannot grant it, Ordering respondent to file a formal response is a sign that the...
Archived
Am I able to appeal a Motion 851.8 , which has been denied? and if so ,what length of time do I have to work with?
Eileen's answer
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Answered on January 30, 2012
It is appealable and there are time limits. The appellate path is set forth in the statute. Since I don't know what stage you are in I don't know...
Archived
Can you appeal a suppression verdict,the officer stated different from his report?
Eileen's answer
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Answered on January 26, 2012
There are some circumstances in which you can seek pretrial review of the denial of a suppression motion by writ of mandate or prohibition in the...
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