How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88627
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Hello Paul. As stated yesterday, each juror was allowed to

Resolved Question:

Hello Paul. As stated yesterday, each juror was allowed to decide offense they thought I was guilty of committing. However caselaw dicates otherwise (see XXXXX X XXXX , XX XXXX XXXX (XXXXX XXXXX); XXXXX v XXXX , XXXX XXXXX XXXX (XXXX  2005XXXX to name a couple of cases). In a writ o prohibition to the CCA Feb. of 2012, I alleged I was denied a fair and impartial trial and denied right jury unanimity as to what offense the jury found me guilty of committing. The state argue that due to XXXX X XXXXX , XXXX XXXX XXXX (1999) (Which did not deal with my issues) that I should have been put on notice of my unanimity issue. The state argued that my claims should be dismissed as abuse of writ. The CCA dismissed my claim w/o written order. I then appealed to USDC seeking declaratory judgment and injunctive relief securing right to a proper review of my claims within both my habeas application #4 and writ of prohibition. These claims were denied with prejudice as argued y the CCA. Paul I know that I have a claim and do not believe that my right to a fair and impartial trial and unanimous jury verdict cannot be forfeit. Any advice you can supply as to how I should develop my forthcoming brief to the 5th Circuit would be greatly appreciated. And No, I cannot afford an attorney to file this appeal. I am 72 and live of SS. For the record, I have maintained my innocence since 1991. I await any feedback you may provide, Respectfully, ***** ***** .

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question. While I do not know anywhere near enough about your case to tell you what you can argue or how to write your argument, you seem to have gotten the case law for your case anyhow.
What we can tell you is how to lay out your appeal as to make it something the way the 5th Circuit would want to see it.
You need to start out describing briefly the facts and travel (what happened in each court) of each case. Describe all of the pertinent information and facts about your particular case. Then you specifically state the errors of your case, which are the issues. You then give the case law and rule regarding your position on the issues you believe are in error. Next you analyze your facts compared to the rules from the case law and statutes and describe how it is supportive of your case.
Finally, you need to succinctly conclude your brief summarizing each error, the issue, the rule, the brief reason why (analysis) and tell the court what you want them to decide.
If your brief follows the above, that is just how the 5th circuit wants to see your case presented.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
Customer: replied 1 year ago.
Paul, I just reviewed your reply. You make it much clearer than the FRAP or 5th Circuit rules. I do not want to get into it today but I can offer 3 items from my trial which does prove beyond doubt that no finding of the specific crime that I allegedly committed. However the courts have side stepped the issue. The three items are (1) charge of the court [8 lines from the charge confirms my issue], (2) the DA's closing argument [only 6 lines is necessary], (3) the verdict form, just 2 lines. am requesting that you look at what I have stated above and give me your feeling as to where I may stand with the 5th Circuit. However I understand that this is not a normal question and you may decline to review these 3 items. I will type the number of foregoing lines for review ONLY if you so request. This ism last note for today. When I receive your reply onewy or the other I will rate your 6 star as you did very well answering my previous question. Thanks, John.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.
It is very hard for us to review documents in this forum, so you would have to type the few lines here in a reply. However, you are arguing that this was not a lesser and included offense type case and you claim that the judge simply allowed the jury to come up with any charge they wanted to convict upon and that you need to address with the case law you have found that says this is not proper and that is the "issue" and then the case would be the "rule" then you would explain how your case is the same to the case you cited (the analysis) and then wrap it up for the court to clearly say that as the rule is the court cannot do this and this is just what they did your rights were violated and the verdict needs to be vacated (the conclusion).
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88627
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.