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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.
Can I use those citations, are they from supreme court or Connecticut court?
Can I add all of that to the conclusion I already wrote, will it not be too long?
Thank you very much for your help. I really appreciate it.
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?
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.
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.
There is no insurance claims going on on the matter. will not correcting the report have any negative effect on my driving record?
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?
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/.
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.
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?
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.
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.
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.
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
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.
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..
Can that be argued to the supreme Court? I thought only Federal issues can be argued to the supreme court, is that federal issue?
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
Thank you very much, I am already aware of that fact. There is no harm in trying. I have gone through the most difficult part which was getting to know about Law which I knew nothing about. what is the first step I should take in going about this. where is the best place to get information online.
I Had a bottle of wine for you for the holiday, since there was no way of getting it to you, I will be giving $30 for you to help me get a bottle of wine for you, just to say thank you and happy new year.
Good evening, They have the short calendar date set up for February 17th and it is arguable. Do I have to file my objection as a motion or go to court and object to the motions? I usually filed motions to dismiss and motion for stay of execution when he filed these motions, shouldn't I also file motions to dismiss and motion for stay of execution after the Connecticut supreme Court denial of my certification?.
you said earlier that I can ask the Court to stay the award until I file the Federal Suit, So, I should include that in the Objection motion? I don't have to file motion for stay separately?. can I include all his four motions in one objection motion, or I should write four objection motions.
Can I in my objection to Counsel fee argue that the amount awarded to the plaintiff for only representing me for motion to dismiss which he charge $32,000 for is excessive and it is greatly more than what attorneys in the area will charge. Also for Objection to Attorney fee write that he should be liable for his attorney's fee because himself and his attorney created the fraudulent invoices and took the case to court. should I say interest should be removed or that it should not be calculated pending my filling to the Federal court.
But are they not going to say that judgement has already be reached on that by the courts, though nothing was said in all the judgements about the fraudulent invoice even-though he said he could not recollect them and the lawyer in his firm that represented me said she never say them. Nothing was said in the judgements about over billing also, even though it is obvious. Can I still bring those issues up for objecting to the motion for counsel fee?
His attorney is asking for the fee for representing the lawyer too in a motion for Attorney fee and also for interest for both of them, can those arguments be used for these too.
Really, you know I had all these in my Counterclaim that they never allowed to be heard. I will be very glad to know that I will have the opportunity to at least let the Court see past what Fact Finder reported to them, which are completely different from what happened in court. The Superior Court and the Appellate Court never looked past that report into the fact of the case.
Thank you very much, I have been reading the Connecticut practice book since 2am to try to see what I can use. I have read that practice book over and over again these past three years. LOL
Thank you very much.
Can I attach appendixes to the Objection motion?
After arguing the objection to the counsel fee, Can I just refer to that on the other motions and say because of the issues on my objection to counsel fees I am not liable for his attorney fee and the interest or do I have to argue it out on those too
In regards ***** ***** answer yesterday, Do you mean that I can put it as (Objection to Plaintiff's motion for Counsel fee and Attorney fee) and argue both on the same objection? Also can I use appendixes with this motion?.
It is me again, good day.
Do you think it is possible for me to file this on Monday since the court date for his motions argument is Tuesday. I am trying to put everything in my motion and the time is running against me
I just took a look and the link you gave me on Pro SE litigant on how to file a federal suit, but it looks like filling a new law suit. It is talking about filling a complaint and sending a summon to the defendant. I am supposed to be appealing the decision given in my case and not filling law suit. is it not a petition for a writ of certiorari that I am supposed to be filling since I have reached the last appeal result in my state which is the Connecticut supreme court? it is important for me to know so that when I get to Court on Tuesday I will know what to argue. I already wrote on my motion for stay that i am filling a federal suit for the court to stay the award.
I am sorry I was going to press on reply to ask for some clarification. I know the Cert is sent to US supreme Court. what I am confused about is am I suppose to take it to US DC or US Supreme because I already got denied by the Connecticut Supreme Court.
Thank you, ***** ***** name the plaintiff as the defendant and then argue that the court violates my due process in the case? The thing I am scared of now is the time. I was just thinking of the three months for filling to the US supreme court, I did not know that I have to go through the US DC. Do you know the time to file the suit after the state Supreme court's denial?
thank you. I am actually happen that i can file a suit in the US DC. I missed that during my research. I only found out that after State Supreme Court the next thing is Cert. I just wasn't sure that my case is qualified for that. Thanks a lot, I will be happen if my case is accepted.
The Court date is tomorrow. I was unable to complete all the motions on Friday and I just argued all the motions in one Objection motion to the counsel fee but I wrote another motion for stay of Execution. I barely made it to the Court, I got there about 4 minutes before closing and there is no court today. I don't know how this will affect me. I was thinking of writing motion to correct and then try to get a Continuance. I read that it is hard to get continuance on short calendar motions.
I forgot to add the appendixes to the motion, can I take them to court and hand them over to the Judge and do they give stay because I am going to file the federal suit? I have not read how filing federal suit works because I did not know that I can do that. does filling federal suite put a stay on the award?
But do I have to file a stay in the Appellate court too like I did the last time? I already filed one in the superior court.
Thank you very much for all your help. The court was yesterday, though I did not do as well as I would loved, I did not do badly either. Must of the questions I prepared he objected to that judgement was already made on them. but I was still able to argue few points. at the end the judge said she was going to look at the appellate court judgement, but the judgement was all repeat of the false untrue fact finder report and I did not have any of the exhibit with me to prove that. Is there any way to add exhibit to the ones already given? I was able to ask for stay of execution too.
I was taking a look at the invoices yesterday, I found out that on the same day that the Plaintiff wrote that he was having deposition on my case, The attorney I left his firm for has it on my invoice that I was having my second meeting with him on that same day. I did not point that out in court. The invoices showed that while I already left the firm on 02/04/09 and the New attorney's bill showed that He had his second meeting with me on 02/12/09 because the first one I had earlier was free, the plaintiff bill showed many everyday entrees worth thousands of dollars till 03/25/09. can I mention that on my motion, or how can I show this. I left his firm for that new attorney, after the abuse, not letting the female attorney I hired at his firm who was holding meetings with me represent me in court and he was acting confused not knowing anything about the motion to dismiss the separation which was the only thing the firm represented me for. it was obvious they never prepare for court that I started writing questions for the female lawyer and she was then writing on a pieces of paper everything for him to write or say. I had to do my investigation. All these and more the female attorney testified to but all the courts up to the appellate court are saying that I left the firm to reconcile with my husband and that is why I did not want to pay, when the attorney I left for handled my case for over a year after I left this firm, and I did not say I will not pay him. My question is can I put that exhibit with my motion for supplemental record and point that out?
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