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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Jim, my petition for mandamus due to void order can not act,

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Jim, my petition for mandamus due to void order can not act, as the order is not void. the here petition is not accepted as mandamus, I think, it could be watched only for abuse of a discretion or law false application, although I do not think the court would go so far as to abuse rules. Rather, I believe that mandamus would be due if the trial court abuse his discretion right is, if it is legally possible, I do not know? But what then, when it is said that this error is only possible remedy at appeal? no by mandamus?
If this error does not hold by argument as void order?
Fraud is happened, because of the lawyer that he knowingly, used this lazy defense, after he had seen the police report and inapplicable to the statute of Georgia is not, as inapplicable has been discovered (it was yours). I suspected that my lawyer participated, and could be corrupt, because he was in money trouble: I do not think that both have unconsciously made such a mistake. Well, this can hardly be proved, and that court without proof, only conjecture can not decide: whether, to that his colleague will protect the judge, since he must make an examination, if he had not seen such an law error. What is your opinion on the whole?, You have not answer me before, although I had sent a better version of previous question. Please look at, it so you can better understand me.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 2 years ago.
Leopold,

I will give this some additional consideration and reply later this evening.
Expert:  Jim Reilly replied 2 years ago.
Guten Abend, Leopold.

I now see that your request to have your appeal treated as a petition for a writ of mandate has been received and filed (on October 28), but not yet acted on by the court.

As I mentioned in one of my earlier responses, there is no way to predict what the court will do with this request, but one thing is certain -- your attempt to appeal from the order of May 17 was not filed in time; therefore, the only way you can get the court to review that order is by way of a writ of mandate. Therefore, you had nothing to lose by attempting to get the court to do so. If the court of appeal determines that the writ procedure is not proper, and that the issue can be considered only by way of an appeal, you will lose.

As for participation by your lawyer in any kind of fraud, if you cannot prove that (and I certainly haven't seen anything to indicate that it could be proved), then the court of appeal will not even consider any argument based on that claim. Even if it could be proved, that also would have to be done by way of a writ, because new evidence cannot be entered in an appeal proceeding.

I will provide additional comments in response to your other question.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

"Even if it could be proved, that also would have to be done by way of a writ, because new evidence cannot be entered in an appeal proceeding." Ok. But it will no, because it is not void but only abuse of discretion and I did not show, way the remade will not on appeal= just is proceeded against the RULE of mandamus. Are thre possibilities for writ of mandamus to lie again with an argument I have encountered it after time for appeal, was gone.

 

Customer: replied 2 years ago.
do you think, that no one did not find out that the UCC material facts in case does not apply; no attorney and no judge after reviewing the case before made his judgment.
Expert:  Jim Reilly replied 2 years ago.
Once again Leopold, I will respond further later this evening.
Expert:  Jim Reilly replied 2 years ago.
Leopold,

As I indicated in my other response, I wasn't able to get back to this last night.

I did respond to your other question regarding the UCC, but I'm not entirely clear what you were asking here or whether it is something different than your other question. If my other response doesn't answer this question, let me know and clarify what you are asking here, then I will respond further.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
What do you think, that Nobody did not find out that the UCC material facts in case does not apply; no attorneys and no judge after reviewing the case before made his judgment.
Customer: replied 2 years ago.

JIM,It is clear, as you say, that the stolen car has no title, and not after as with the defense argument of the registration in Georgia is mislied due to lack of local protection for the thief. is the normal law to prevail would be returniert car to the rightful owners .. This has dealt against the law, by the ticking of Entrastment and my attorney has approved it. The whole defense construction is planned to deceive the court. he have again the protective law of private buyers taken for defense, to get voidable because of fraud he made: to bring the car to the shipper, however, if this should work, expo would have to sign my Ressignment asSeller to Expo. Voidable title can thus no longer be repaired to good title; I have also demanded return of the car as at this moment. But now the most important is have to discuss the application of the UCC and without the evidence and arguments at appeal which is dismiss, of the court to conclude otherwise would hardly be expected defrent result. In case was no creation of voidable title and no protection for Expo brought; no private buyer , it is much better to fight. Here, only timeless potition for mandamus must law corrects, without time limit. So I think .that is acceptable even if mandamus is approved in cause for dissmissal untimely appellation, one must ask mandamus in the Supreme Court.
Please your opinion for the appeal and mandamus.? Can be the facts adapt to UCC, where he established the defense can it not qualify as a court of fraud by lawyer?
Thank you.

Expert:  Jim Reilly replied 2 years ago.
The fact that an attorney makes an argument which is legally untenable (that is, an argument which is wrong under the law) does not constitute decption or fraud on the court unless the attorney has no good faith belief that the contention is at least arguably correct.

It is extremely difficult to get any court to conclude that an attorney's argument is so without merit that it would constitute a fraud. It is unlikely that such an argument would prevail in the court of appeal (or the supreme court).

Rather, the contention has to be that the trial court erred as a matter of law in adopting the contention argued by defense counsel.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and other Criminal Law Specialists are ready to help you

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