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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Good day This is part of the conclusion of my brief that I

Resolved Question:

Good day
This is part of the conclusion of my brief that I can put in here, Do you think it is okay?
The Superior Court’s decision not to remand the case back to Fact finder because it believes that the Fact Finder considered the issues on defendant’s counterclaim is erroneous. It is not legally and logically correct. Therefore the decision of the Superior Court should be reversed so that the defendant could have a proper trial that she is justifiably entitled.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Good day to you and welcome back.

As far as a conclusion, yes that is a reasonable sentence to include in your conclusion. You should also add that the factfinder's failure to consider the issues and the Superior Court's denial of your opportunity to present those issues would be a denial of your due process rights as it denied you an opportunity to have any meaningful due process to present your claims.


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Customer: replied 1 year ago.

this is the full conclusion, I could not put everything on the other time


As the defendant discussed in this reply brief and the brief previously filed. The Court erred in these respects (1) not Considering that the defendant did not have her right to testify, bring evidence and witnesses for her counterclaim during trial according to practice book section 10-54 (2) Not considering the effect of the Fact Finder failing to notify the defendant’s counsel of the validity of the defendant’s counterclaim after the trial as he promised so that he could at least argue it in the brief (3) not considering the effect of Fact Finder refusing to extend the time for the defendant’s counsel to put in his argument in a closing brief (4) The court did not consider the effect of the Fact Finder’s error on the contradictions of his Findings (5) Believing the issues not on Fact Finder’s report are not relevant (6) prejudging the defendant’s case. (7) Depriving defendant of meaningful due process. The defendant’s right to due process has been violated because Superior Court affirmed judgment that was pasted against her without the due process of hearing her counterclaim and briefing her issues. The Superior Court’s decision not to remand the case back because it believes that the Fact Finder considered the issues on defendant’s counterclaim is erroneous. It is not legally and logically correct. Therefore the decision of the Superior Court should be reversed so that the defendant could have a proper trial that she is justifiably entitled.


Expert:  Law Educator, Esq. replied 1 year ago.
It is not legally and logically correct. Therefore the decision of the Superior Court should be reversed so that the defendant could have a proper trial that she is justifiably entitled...

You should put, "It is not legally and logically correct as it has denied the defendant of her meaningful right to due process as guaranteed by the US Constitution. The required elements of due process are those that "minimize substantively unfair or mistaken deprivations" by enabling persons to contest the basis upon which a State proposes to deprive them of protected interests. See: Fuentes v. Shevin, 407 U.S. 67, 81 (1972). The Court has stress the importance of the ability to defend one's position even if that defense might not change the outcome. See: Carey v. Piphus, 435 U.S. 247, 266-67 (1978); Marshall v. Jerrico, Inc., 446 U.S. 238, 242 (1980); Nelson v. Adams,***** 1579 (2000).
Customer: replied 1 year ago.

Can I use those citations, are they from supreme court or Connecticut court?

Expert:  Law Educator, Esq. replied 1 year ago.
The citations are from the US Supreme Court so you can use them.
Customer: replied 1 year ago.

Can I add all of that to the conclusion I already wrote, will it not be too long?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you can add it to the conclusions as long as you have no page limit that it would put you over the limit on.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your help. I really appreciate it.

Customer: replied 1 year ago.

Good day ,

In my appeal issue where I said that the superior court use the fact finder's contradicting report to decide the case. Is it okay that I said it is erroneous, Factually and legally incorrect? and can I use a citation for right to due process on it?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. Yes, you can say it is erroneous and incorrect, that is what you are arguing in your appeal. Yes, you can use the citation you were given.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 1 year ago.

Good morning and thank you for your help all these months with my appeal and other legal questions.
Today, I have a new question. I have some health problem. For the past few months I sometimes feel empty headed, fainting, and very sleepy. Around January when I was driving, I suddenly started having these symptoms and I pulled out of the road quickly and called 911. I was taken in an ambulance to the hospital. I slept from where I was taken to the hospital and slept for hours in the hospital before I was okay. In March, I experience the same thing when I was driving and I quickly pulled out of the road also. But this was close to my house which has many trees and very narrow road. as I got out of the road, I was very dizzy the car rolled and stop right in front of a tree touching the tree. I called 911 and I was taken by ambulance to the hospital and I slept for hours like the other time and I was fine when I woke up. The next day, a police man and another man with a plain clothes came to my house and gave me a ticket. When I read the ticket it said that I was adjusting my seat and lost control of my car. I went to the police station and spoke with the police that wrote the report. He said he was not there at the scene that the police that was there gave him the information he wrote on the report. he gave me the number of the person to speak with, that he can not remove any information on a report. When I spoke with the person she said the police at the scene said he was not told that I was dizzy or why I got out of the road. She said the information on the report stays. I am going to the court because I pleaded not guilty. I really don't care about the amount on the ticket, I can give many that amount without problem as I always love to donate to the police and I am not reporting anything to the insurance because there was no damage to the car or injury to me. I have a problem with a police just writing what he did not see and what he was not told. That could have been a more serious issue that could impact someone's life and not a Little over a hundred dollars ticket. Also I have to have the right information for the doctors to access my health situation. I told the first lady at the scene that I was dizzy and told the ambulance people and everybody in the hospital that I was dizzy and fainting. I even remember telling the 911 operator that I was dizzy or fainting. It is what was written on the hospital record.

My question is what should be my argument in this situation? I have the hospital record and document to prove that the dent in front of my car was from previous accident.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

If the police have written a false police report and cannot justify where the information they received came from, you need to first discuss the issue with their watch or shift commander and present them the evidence you have from the hospital showing what happened. Second, if the watch commander or shift commander does not cause a supplemental police report to be written (which is all they can do, they cannot change the original report as it is a public record once filed) with the new information regarding the incident, then your next step is to the station commander and finally to the chief of police.

In order for them to refuse to write a supplemental report correcting the matter, they will have to prove the information you are providing for the supplemental report is not accurate, which I do not see how they could do in this case where you have hospital records.

If they continue to refuse to write a supplemental report to correct the original report, then you can seek to sue them for defamation and filing false reports, since them writing a report without an eye witness and proper investigation is grossly negligent on their part and having allegations such as this against you on the public record damages your reputation as well and you can get a court to order them to fix the record as part of your judgment.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 1 year ago.

Good day,

I have a court day coming in few day for the traffic ticket I got due to the wrong police report which I wrote to you about earlier. My question is what should be my appropriate defense and is it proper and legal for me to file a counter suit against the police for court to make them to write a supplemental report on the incident.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update and new question.

Your recourse would not be suing the police I am afraid, your recourse is when you go to court you would have to present your evidence to the court that the police report was incorrect and as part of that case you would then ask the court for them to order the report corrected based on your proof that the report was incorrect. The court in your case, if they find you proved the report was incorrect will issue an order as part of their decision to the police department to correct the matter by supplemental police report.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 1 year ago.
Good day,
this case with the incorrect police report was nullified. Do I still have to take any action for the police to correct the wrong report? Or I should just forget about it.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update.

If the case was dismissed, then you can choose to drop it. However, if there are any open insurance claims still going on with this matter, you need to consider still pursuing it through at least the police command to seek to have a supplemental report written to correct the errors.
Customer: replied 1 year ago.

There is no insurance claims going on on the matter. will not correcting the report have any negative effect on my driving record?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

No it would not if the case was dismissed against you.
Customer: replied 1 year ago.

Thank you very much for your help. I really appreciate it.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 1 year ago.

Good day,

I have my appeal argument coming up in few days. I just caught a deadly bacteria with my PD dialysis treatment. It is the most painful thing to experience. I can not sit or stand. The doctor said it is a hard to kill bacteria, that I am going to be down for at least three weeks. I am going to be having antibiotics flood in my stomach everyday and take antibiotics tablet too for two week. Is it possible to get appeal argument moved for good cause? because my doctor said I am not going to be able to do anything for at least three weeks. What can I do, what motion should I file?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update and your reply.

I am sorry to hear that this is happing to you. You must file a motion for continuance and you need to explain the nature of the emergency and attach a report from the doctor proving your medical condition and you must file it as soon as possible with the court. Also once you file, call the judge's clerk to let them know it was filed and ask them to get back with you as it is an emergency.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
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Customer: replied 8 months ago.

I am trying to appeal the appellate Court decision in the supreme Court and I have been sick. I just got kidney transplant in University of Pennsylvania hospital. They want me to be in Pennsylvania for three weeks for testing and monitoring and treatment in case of rejection and tomorrow is the deadline which is 20 day to file to supreme Court in Connecticut were Iive. What should I do/.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response. You need to call the court and that is all you can do if you filed your motion to extend and you have not received an answer. If they do not answer the phone, all you can do is then get yourself an attorney to file while you are laid up in the hospital and attach your proof of filing the motion to extend and just argue that your health condition physically precluded you from filing the appeal, which is actually good cause to extend an appeal deadline.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 8 months ago.
Good day,
The plaintiff filed motions in the Superior Court for Appellate Attorney fee, and for interest. The Superior Court fixed hearing for May 5th. The problem is that I will still be here in Philadelphia taking treatment for my transplanted kidney. I believe I can not file motion for stay because I have not file my petition to the Supreme Court yet and I do not know the status of my motion for extension of time to file motion for reconsideration to the appelate Court.
My question is what should I do in regards ***** ***** motions the plaintiff filed. Should I file motion for continual or what motion should I file?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your new question.

You need to consider filing a motion for continuance of this new motion hearing based on your medical condition and attach an affidavit from your doctor that you are not medically able to travel at this time to make the hearing. You would also state in your motion that a motion for reconsideration is still pending in the appeals court. You need to get that filed as soon as possible.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 4 months ago.
Good day,
There are evidences that the plaintiff's attorney was the one who help him to fabricate invoices he brought to Court in my case. He wrote preparing invoices in his bill to me because I am supposed to pay his bill if the plaintiff wins. The plaintiff also said it in court that he did not know why the invoices are not in order, dates for work he claimed was done in August, January and February, have December dates, overlapping, double billing, some pages missing ETC. He also said to ask his attorney who provided them. His attorney was not there when the services was rendered. And his Attorney has continuously lie in court about things that happened in court and about the case, just to mislead the court. He told the superior Court that my counterclaim does not exist, also that fact finder did not make the promise to remind my attorney of the validity of my counterclaim, even though he was part of the discussion. when my lawyer read from the transcript that it exist and that he made the promise, he then brought out my counterclaim and said the content was heard. There have been more misleading untrue statement made by him in this case. My lawyer never said anything untrue in court. I want to sue him for misconduct. I know he violates Connecticut Code of Conduct. I want to know how you think I should go about this.
2. Also Want to sue for my counterclaim that I filled in 2009 that the fact Finder did not hear and did not let me or my attorney know the validity as he promise he will let my attorney know because he was't sure if I properly filled it, that was because it was filled when I was a Pro Se. We knew that it was valid when he gave judgement to the plaintiff on the counterclaim . while my attorney was waiting for his ruling, he sent a request for him to notify him of the ruling and extend the time for filling the brief until he knows the ruling and what to do. The fact finder refused and said he had nothing to tell him, and the time he got back to my Attorney, the time to file brief was over. So the Counterclaim was not brought up in court, was not heard and was not argued on brief. When I objected to the fact finder finding, the Superior court said that since my counterclaim was similar to the self defense the Fact Finder considered it. The appellate court agreed. How could he have considered a counter claim it's validity was .not known to me and my attorney and was not argued. Also all the fact finders report are contrary to the evidences and testimonies in court and the superior and appellate court do not want to look past the report to what actually happened in court.
My question is I want to sue the plaintiff to come to court and defend the allegations on the counterclaim he never defended, was no stricken or objected against, tomorrow is making two years since the superior court decision on the case, but the actual issues happened in 2008. How possible is this and how should I go about these complaint I want to file, and should I file them individually or together.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your new question.

1) You need to make a complaint to the state bar against him if he engaged in inappropriate conduct. Also, you need to file a motion for sanctions in the court where this took place and prove he fabricated the fees he submitted to the court and ask the court to sanction him. If the court does not do so, you would have to try to sue both the attorney and plaintiff for malicious prosecution, but you need to go through the sanction route first and discuss that with your attorney.

2) If the appellate court has ruled or the state supreme court has ruled on that 2009 issue, the case is over and you cannot file it again, it is considered res judicata.
Customer: replied 4 months ago.
Thank you very much,
Right now I do not have attorney any more, I represent myself because I have a lot of Attorney fees that I am paying right now. However, I am concerned that there will be status of limitation as it will be two years tomorrow since the Superior court judgement. I believe two years is what I have to sue. Is there any way I can sue without going through sanction first? I was going to file the complaint tomorrow.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

If the statute of limitations ends tomorrow you have no choice but to file suit tomorrow and stop that from running. Thus, you have no choice but to skip the sanctions and file your suit.
Customer: replied 4 months ago.
Good day,
Thank you very much, I was thinking so, but it feels great to accurately know the right thing to do. Could you please advice me if (1) I should file a separate suit for the lawyer and the plaintiff or sue them together. If the law permits, I will like to sue them separately. (2) how many counts will be required and what will be the counts for the situation I explained (3) as for damages I will like to ask for monetary damages for the expenses and Attorney fees this has cost me for the past five years that I have been fighting against this injustice and for it to be paid to any organization for abuse women and also that I should not pay the plaintiff fraudulent bill and his attorney's fees.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

You should file one suit if all of the facts and circumstances of the case are the same. You only need one count for each to sue, but it sounds so far that you are claiming negligence and fraud at the very least against all of the parties.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 4 months ago.
Thank you very much in regard to your last answer, I was thinking of suing the Lawyer of violating the Connecticut code of conduct that says a lawyer should not assist it's client to conduct an illegal act. And the one that says a Lawyer should not lie to mislead the court, also for Fraud. Then since I have Fraud in my Counterclaim, though it was not heard and Appellate already made decision on it and I already filed petition to Supreme Court, I don't like you said I cannot sue the plaintiff for that. Also the incident happened in 2008 even though we are still in Court. So, I am thinking of suing the plaintiff for malicious prosecution like you said yesterday. What do you think. In court the Words fraud, deceit, pain and suffering was never mentioned and those were some of my counts on my counterclaim. It is so unfair that it was not heard and I can not sue for them again.
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your response.

Based off of all of this I would say that the court will claim all of your claims are already decided (res judicata), with the exception of the malicious prosecution and the fraudulent billing would be your causes of action. You can file a complaint to the state bar about the fraudulent billing and conduct of the attorney with his client, but you are going to likely be outside of the statute of limitations for any actual malpractice claims.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 4 months ago.
Thanks again for your help, Do you mean that I can not sue him for his lies on issues that happened in other courts just to mislead the court? there are evidences of them and for violating the rules that says a lawyer should not help his client in fraudulent act? He helped his client to create the invoices his client brought to court. And his client said it in court that he could not tell why the invoices are all missed up that his lawyer who furnished them should be asked
I just want to know if I have a case with the lawyer because as for the plaintiff, I already filled a petition to the Connecticut Supreme Court. Though if there is still a way for me to file a lawsuit against him since they refused to hear my counterclaim, I will do it.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

Some of this is something that needed to be raised on your appeal, such as the issues with the evidence, and it is not something you can sue over now. The attorney's billing if that just happened, then that you can sue over. The malicious prosecution if you have proof they presented fraudulent information to the courts, then that could be brought too. However, there is a 2 year statute of limitations on malpractice and you may have waited too long for that claim.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 4 months ago.
Thank you very much, you are the best.
So, for malicious prosecution I can bring up everything that happened in other courts, and there is no status of limitation on what to bring up?
when writing the complaint do I write the whole history of the case?
And can I bring in deceit, lies,
fraud, pain and suffering, violation of unfair trade practice act under the malicious prosecution for the bases for saying They maliciously prosecuted me when the plaintiff was the one who did these things to me.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

As long as the case is still ongoing and has not been completed yet, you can bring everything that happened in the case. However, you have only 2 years from the end of the case to file this. If you were not successful in the case, then it becomes even more difficult because in your malicious prosecution case you have to prove the fraud was the reason you lost the case and all of your appeals.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 4 months ago.
Thank you , I do not understand, does it become difficult if I am not successful or if I am successful In the case? Now that I am waiting for the reply for my certification does that mean that the case is still on going?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

If you lose the case, then the court is going to consider that the case against you was a valid case, so you cannot prove malicious prosecution without proving the fraud and proving fraud requires clear and convincing evidence, which is difficult.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92757
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer: replied 4 months ago.
About my earlier questions,
when writing the complaint do I write the whole history of the case?
can I bring in deceit, lies, Fraud pain and suffering, violation of unfair trade practice act under the malicious prosecution for the bases for saying They maliciously prosecuted me when the plaintiff was the one who did these things to me.
I actually have enough to prove fraud, and if I can get a a jury trial or someone who is not bias it will be seen easily.
I am sorry I did not get answer to these earlier. I ask many questions when I am busy working on issues, sometimes I don't come back for months when I am not working on something, so I am sorry for asking many questions.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

You write a brief history of the case, hitting all of the major issues and not all the small details. You can bring in the fraud and deceit on major issues that impacted the decision, not minor things, the brief could go on forever if you do not focus on just the major issues.
Law Educator, Esq., Attorney
Category: Legal
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Customer: replied 4 months ago.
Sorry I am back one more time.
When including both of them in the Lawsuit do I have to say the name of who did this and who did that? and do I have to write my name versus both of their names?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

Yes, you have to specify who did what.

It would be Jane/John Doe, Plaintiff v. ***** ***** and ***** *****, Defendants.
Law Educator, Esq., Attorney
Category: Legal
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Customer: replied 4 months ago.
Good day,
1. I fax an incomplete complaint to the court yesterday, what should I do to be permitted to complete it?
2 .Another thing is that I did not put information of the defendants on it will they return it.
3. The fax went through a little after 5 PM does it count for yesterday because they close at 5.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

I am afraid if it was received after close of business and it was not a properly completed complaint, it would not be a proper complaint and it would not be in time.
Law Educator, Esq., Attorney
Category: Legal
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Customer: replied 2 months ago.
Good day,
I am back, it has been about two months since my last question.
I wrote a petition for certification to the state Supreme Court from my sick bed and realized there were many errors later. So I wrote a motion to be permitted to correct the petition. I waited for a long time and did not get anything. I got responses this last Friday and the petition was denied and the response to the motion to correct was granted the same day. What do you think I should do?
Thanks for your help.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your new question and coming back.

So they denied your petition, but said you could file an amended petition the same day? Just to be clear.
Customer: replied 2 months ago.
I got the letters the same day, it shows that the decisions were made the same day. One stated that my petition is denied and two saying my two motions I wrote to correct the petition were granted., so it is confusing.
Expert:  Law Educator, Esq. replied 2 months ago.
So based on the letter saying your motion to correct your petition was granted, you should file your amended petition again and attach that letter asking the court to consider your amended petition. That would be the proper reply.
Customer: replied 2 months ago.
Don't I have to file a motion first to the court pointing this out and asking for clarification? I am concerned about time. If filling amendment is not what it is, then it will affect my time to file to the US Supreme Court .
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your response.

If they sent you the two conflicting letters, you need to check with the clerk at the court and find out why they sent both letters, because it is more likely than not it was they denied your petition based on what you submitted but are going to give you the opportunity to amend.

You check with the clerk first and then submit the motion for clarification if necessary.
Customer: replied 2 months ago.
Thank you very much.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you. Please do not forget to leave positive feedback if you have not done so already.
Law Educator, Esq., Attorney
Category: Legal
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Customer: replied 1 month ago.
I took your advice and called the clerk, he told me that the denial was the final decision that the court is not asking me to correct the error. When I asked why they approved my motions to correct errors the same day they made decision on the petition they granted me permission to correct. He said that was the court's decision and not his. I asked if I can write a motion to find out from the court, he said no that there was no provision for that in Connecticut practice book. I was thinking of putting in the motion anyway, why I prepare for the US Supreme Court. What do you think I should do at this point.
I am looking for an affordable lawyer that can help me with the US Supreme Court I don't know if you can recommend any one for me. If yes let me know, aliajone20@yahoo. Justanswer should add the program of referrer, LOL I am just thinking it will be a great business, give us great answers and direct us in areas that we need direction and we pay for it. I will pay for it.
Thanks for your help
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.

If the court granted you the motion to amend I would file your amended appeal anyhow and attach a copy of the order granting that motion.

As far as an "affordable" lawyer licensed before the US Supreme court, you would have to contact the state bar on that because there are limited affordable or pro bono attorneys who can practice before the US Supreme Court.

We have actually asked them to institute a referral program so we could compile a list of such attorneys, they claim they are working on it.
Customer: replied 1 month ago.

My concern is that what if I waste time writing the amendment and the Court agreed with what the Clerk said. Then I must have wasted valuable time on it. Do Lawyers have to register with US supreme court to be able to take a case there? and do the US supreme Court not accept pro Se?

Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

Yes, lawyers have to be registered to practice before the US Supreme Court. The Supreme Court will take a pro se appeal, but it is hard for attorneys with experience to get a case heard by the Supreme Court, so imagine how hard it is to have a pro se case heard by the Supreme Court.

I understand you not wanting to waste time, but you have two conflicting orders too and the clerk has not explained the second conflicting order adequately that granted you the right to amend. So you file you amended brief with a motion to reconsider based on citing the order allowing you leave to amend.

Customer: replied 1 month ago.

You are so wonderful, your answer makes a lot of sense, that was exactly what I felt and what is correct, after being in this case for six years, I now know that the Court is permitted to do whatever they want and if they tell me they already made decision and no amendment permited, there will be nothing I can do if I already miss the chance to try to get justice from US Supreme Court. I am writing a motion of clarification to be submitted today, should I then write a motion for reconsideration also, stating the conflicting decision as one of my reasons for them to reconsider the petition. At least that will hold my time to go to Supreme Court and give me clarification on the decisions.

Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your response.

Yes, you file your motion for reconsideration and attach the copy of their order granting you the leave to amend your brief, and file your new brief with that motion.

By filing your motion to reconsider, you are delaying your time to appeal that denial to the Supreme Court if you choose.
Customer: replied 1 month ago.

I have not corrected the errors yet because I did not know if it was going to be permitted. So I don't have that to send now with the motion of reconsideration. So can I just send the motions for clarification under section 60-1 of Connecticut practice book and a motion for extension of time to file a motion of reconsideration? Then I will put in the motion for reconsideration with the corrected petition next week.It is ten days today since the Court made the decision, it will be too late next week if I don't extend the time and put my concern in today.

Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your response.

Yes, you do need to send it attached to the motion for reconsideration when you file the reconsideration, because your previous was denied and simultaneously they granted you leave to amend, so you need to show them the amendment.

You could alternatively send the motion for clarification and for extension of time for reconsideration. But yes, when the reconsideration is filed you need to file the amended brief with it.
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Customer: replied 1 month ago.
Good day,
I forgot to tell you this during my last questions on the Connecticut Supreme Court' conflicting decisions. The decision on the petition that was sent to me also stated that I, the self represented party is in support of the petition. But the fact is I am the one who filed the petition. Does this mean that the court was mistaken that the plaintiff filed the petition or what? What do you think about this?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.

Yes, it means the court appears to be mistaken on who filed the petition and you need to raise that as one of your issues to the court when you file again.
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Customer: replied 21 days ago.
Good day,
When I write my motion for reconsideration and correct my petition for certification, should I bring in the fact finder and the Superior court court judgement more or concentrate on the Appellate Court's decision and is it correct for me to say that appellate court deprived me of my right to due process for affirming the superior court's decision that deprived me of the right to due process?
Expert:  Law Educator, Esq. replied 21 days ago.
Thank you for your new question.

You should bring in the fact finder and the superior court's judgment and argue how they were in error. The appellate court would be mentioned only in that they ignored the errors of the lower court.
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Customer: replied 20 days ago.
Good evening,
I forgot to ask you this, do I have to use only Supreme Court citation on the petition and the motion for reconsideration to the Connecticut state Supreme Court? You gave me few citations last year thank you, ***** ***** going to use them now but I discovered that it is on cases of substantial due process and not on procedural due process which is my right that was violated. Does it matter, Can I still use them. If not can you help with a couple for me to add to what I have on the unjust, unfair way my counterclaim was left out of the case and never given opportunity to be head which was procedurally prejudicial and therefore go against my right to due process that says that no part of a case should be left out without going through the due process of giving notice so that I can comment on the action or file a motion against it.
Expert:  Law Educator, Esq. replied 20 days ago.
Thank you for your reply.

You have to use only CT or federal court case citations, as long as they are from either of those courts it does not matter if it is from the Supreme Court or not. You really have to argue the substantive due process here as procedural due process is very limited and very hard to prove. See: http://law.justia.com/constitution/us/amendment-14/37-due-process.html
Customer: replied 19 days ago.

Thank you very much. I read through the link you sent, In fact I have read that before.. Do you advice that I still use the citation you gave with the ones I have? Do I have to specify whether I am arguing substantive due process or procedural due process. Do you know of any one that can read through my motion for some amendment for payment before tomorrow? If you do please give the person my email. aliajones20 @yahoo.com

Customer: replied 19 days ago.

What constitutional right or law does the Fact Finder’s giving Findings and Conclusions that are contrary to the evidence, factual and legal findings in court without violate.

Expert:  Law Educator, Esq. replied 19 days ago.
Thank you for your reply.

You argue due process as a whole in general and do not have to specify whether it is substantive or procedural due process.

There is no constitutional right or law about facts being found contrary to evidence, it is an abuse of discretion as it is the fact finder's discretion to decide the facts.
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Customer: replied 19 days ago.

When the superior Court and the appellate gave accepted his contradicting judgement without any ----------evidences. what is the name of that evidence again, I wrote it somewhere I am so pressed with time now that there is no time to look for it. I know that is a violation of of the right to due process. I saw it when I was ready supreme court cases..

Expert:  Law Educator, Esq. replied 19 days ago.
Thank you for your reply.

I think you are saying there was no supporting evidence for the judgment, but that is based on an abuse of discretion of the court for not making a ruling based on the supporting evidence.
Customer: replied 19 days ago.

Can that be argued to the supreme Court? I thought only Federal issues can be argued to the supreme court, is that federal issue?

Expert:  Law Educator, Esq. replied 19 days ago.
Thank you for your reply.

Before you can get to the US supreme court or any federal court you have to get through your state court and state supreme court. Then if your state supreme court denies you and there are federal issues you can go through the federal courts to the appeals court and to the US Supreme Court if necessary.

At this point your due process is the only federal issue.
Customer: replied 19 days ago.

substantial evidence is what I was trying to remember, it says

Due process clauses is essentially a guarantee of basic fairness. Fairness can, in various cases, have many components: notice, an opportunity to be heard at a meaningful time in a meaningful way, a decision supported by substantial evidence. There is enough evidences that the decision in myu case was made with no substantial evidences

Expert:  Law Educator, Esq. replied 19 days ago.
That is what you have to raise as part of your due process argument. You should be arguing due process based on the decision not being made with substantial or significant evidence.
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