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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32154
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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No hurry. I would like your opinion about and suggestions

This answer was rated:

No hurry.

I would like your opinion about and suggestions about this Federal Civil APPEAL brief.

Primarily - Do you think there are sufficient facts to state a claim ?

And, should I continue to seek to add more to this brief ?

Link to brief is here :

No hurry. Thanks

JD 1992 :

I am out of town with a spotty internet connection but will take a look at it late tomorrow. I'm going to switch it to a Q and A so if you don't mind reply to this so it stays in my queue.

Customer: replied 3 years ago.

OK, thanks.


First, try never to cite to Black's Law Dictionary. It is not recognized by anyone as authority other than people representing themselves. Look for some case, somewhere that has the language you need or language close to what you need and then you can use Black's as a backup source.

On page 4 look for language specific cases (federal and VA) that address the right to bail.

On p. 5 get cases to support your statement that:
"Rule 12(b)(6) does not countenance dismissals based on a
judge's disbelief of a complaint's factual allegations."

If that statement is from a case make sure that is apparent in the pleading because it is not at this time.

Those are the only things I see that might be an issue.
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