Criminal Law Questions? Ask a Criminal Lawyer.
Monday, February 25, 2013 9:26 AM EST
I’ve been “digesting” your answer to me, and I think I’m beginning to understand how “review” applies to my case. My case review must be “abuse of discretion” because I’m appealing from a municipal (court of record) to a higher court – is that right?
Monday, February 25, 2013 10:09 AM EST
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Monday, February 25, 2013 1:53 PM EST
Then I am getting the hang of it because this particular municipal court is (a court of record) and I’m not offering new evidence. Instead, I’m calling attention to the glaring mistakes of the trial court.
Monday, February 25, 2013 2:01 PM EST
Monday, February 25, 2013 2:12 PM EST
Here in Austin Tx, I'm informed that this municipal court's appeals are heard by the Travis County Court at Law.
Monday, February 25, 2013 2:15 PM EST
Monday, February 25, 2013 2:38 PM EST
I have full respect for what you & what you say, but your conclusion contradicts everything told to me by the trial court supervisor, trial court clerks, and the trial court judge (himself) who advised that the appeals court may remind the case back to him. Please explain why you believe this matter is de novo?
Monday, February 25, 2013 2:43 PM EST
Monday, February 25, 2013 2:49 PM EST
Yes, a traffic ticket. This municipal court is a criminal court of record.
I can't believe this is happening. I've spent time and money for the transcript, etc...
Monday, February 25, 2013 2:57 PM EST
Monday, February 25, 2013 3:07 PM EST
God bless you sir! I would prefer a De Novo hearing as oppose to an abuse of discretion. Is it possible that I can motion to the court to hear this matter as De Novo?
Monday, February 25, 2013 3:10 PM EST
Monday, February 25, 2013 3:15 PM EST
Can you refer me to a suitable motion type & template that I follow in writing my motion? God bless you again!
Monday, February 25, 2013 3:22 PM EST
Sorry for the delay, I had to go to work.
I see what you mean by read, read, read, and read the rules again.
You’re a hell of a person and obviously a terrific lawyer!
Please don’t be insulted by the small tip. I’ll send more as I get it.