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Recent Appeal questions

Can I appeal a motion that is "not ruled" on by an appeals

Can I appeal a motion that is "not ruled" on by an appeals court to a higher appeals court?Can I appeal a motion that is "ruled on" by a lower appeals court to a higher appeals court?

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Lucy, Esq.

Juris Doctor

33,614 satisfied customers
Wisconsin Felony- Grounds for ineffective assistance of

Wisconsin Felony-Grounds for ineffective assistance of counsel? If so should I fire before sentencing or take up on appeal?Attorney failed to file a motion to compel discovery(he says he verbally requested it and typed letter), and while awaiting response for further discovery, judge refused to adjourn after Da rejects he received any type of request. Forcing us to go to trial. neither side prepared and entered plea agreement.Discovery was needed to answer pertinent questions and protect due process interests during appeal. Also answers were needed to properly draft motion to suppress.Before plea, motion to suppress was submitted. Judge refused to hear motion or set a date for hearing. Plea reached afterwards. Currently awaiting sentencing.1) Failed to file motion to compel2) Failed to file motion to suppress in a timely manner(per judge)3) Motion filed was incomplete, typos and had fill in blanks that were blank. rough draft(charged $3500 for drafting of motion too!)4) Failed to notify me of new offer from DA til eve of trial, offer was 60 days old.Im afraid to even have this attorney stand next to me at sentencing, Judge was clearly irritated by the amateur hour it seemed.

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Zoey_ JD

Doctoral Degree

34,496 satisfied customers
The girl sped off without getting out of her car. My friend

The young girl sped off without getting out of her car.My friend chased her down to a parking lot a few block away where she confronted her.The young girl refused to admit she was involved in the accident and refused to exchange information.Then my friend called 911 and a cop came and took statements of both parties.The cop told my friend that if she files charges against the young girl she will be destroying her life and suggested that she should just deal with the insurance companies instead. The cop told my friend not to worry as she will get paid by the insurance company.My friend was confused after the accident and probably suffers from a light concussion and still has a sore right arm due to being shook around her car during the collision.She did go to ER the next day and the doctor perscribed her painkillers. She has also seen a chiropractor.He car has minor dents from the accident but still drives OK.The dents are not very obvious since its an old car (2001 Chrysler Sebring convertible) with poor pant and some scratches.To my friend's surprise, the insurance company of the young girl contacted her saying that the young girl filed a claim claiming she was hit by my friend (!)My friend has been trying to find an accident & injury lawyer, but could not find anyone wanting to tak on her case.I recommended my friend to immediately file charges against the young girl as a first step to establish that she is the victum in this case.After arriving at the police station, she was able to meet up with the same cop that took her statement on the evening of the incident. This cop refused to accept my friend's claim stating that since both parties were there, this is not a hit-and-run caseand she cannot file any charges against the young girl.(!) My friend then asked to at least get a hardcopy of the incident report, which the cops reluctantly agreed to provide (she has it). Since the incident report did not mention that this is a "hit-and-run", my friend asked to get a copy of the 911 call which the cops refused.My legal question now is: What should my friend do now and what are her options?

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Zoey_ JD

Doctoral Degree

34,496 satisfied customers
I had a question regarding gun ownership, i was convicted of

i had a question regarding gun ownership , i was convicted of a feolny dosmetic violence charge and i had it reduced to misdemor and expunged and dismissed can i ever own a gun or noJA: Because laws vary from place to place, can you tell me what state this is in?Customer: californiaJA: Has anything been filed or reported?Customer: not sure what you meanJA: Anything else you want the lawyer to know before I connect you?Customer: i fuled a request for the xpungment and it went through last dec reduced to misdemonr and dismissed

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,782 satisfied customers
I am looking at Section 440. "The court did not have

i am looking at Section 440. "The court did not have jurisdiction of the action . . . " If the accusatory instrument is insufficient, does that mean the court did not have jurisdiction? In appeals, I have seen it written that insufficient accusatory instrument is a jurisdictional defect.JA: Since laws vary from place to place, what state is this in?Customer: New YorkJA: Have you talked to a lawyer yet?Customer: I have a lawyer. I understand this part of the law better than he does, as limited as I am.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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Marc

Attorney at Law

JD

612 satisfied customers
Will getting a PBJ endanger the Security Clearance I already

Will getting a PBJ endanger the Security Clearance I already hold?JA: What state are you in? It matters because laws vary by location.Customer: MD, and it is just a low level DoD security clearanceJA: Has anything been filed or reported?Customer: Yes, and my security people know the charges. I accepted a Alford Plea today, and will just be getting PBJ.JA: Anything else you want the lawyer to know before I connect you?Customer: Don't think so

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,782 satisfied customers
I am a police constable my department runs criminal court

I am a police constable my department runs criminal court arrests persons at the judges orders and transports persons arrested for 3 municipalities. We carry on tin and ID. I was injured in the line of duty and 60 years old. I put in for retirement and filled out required retired law enforcement pistol permit. The permit was denied , reason given was my job did not satisfy CPL 400. Any advice?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New York Westchester CountyJA: Has anything been filed or reported?Customer: NCIS was clean Mental health clean if that's what you are asking?JA: Anything else you want the lawyer to know before I connect you?Customer: the just claim our department does not satisfy CPL 400

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,782 satisfied customers
My son is in federal prison usp florence high and has gotten

My son is in federal prison usp florence high and has gotten in trouble and has been put in the SHU, what can I do for him or advise him to do. It's his first prison sentence he by passed state prison and went directly to federal maximum security.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: The prison is in COLORADO but we are from utahJA: Has anything been filed or reported?Customer: I think he has been given punishment by dho but he wrote letter to girlfriend tell g her they are putting him in the SMU. His release date as of now is July 24 2018JA: Anything else you want the lawyer to know before I connect you?Customer: That they told him they are transferring him but no one will give him straight answer now

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,782 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was

Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Counsel to get post-conviction relief. Is this motion for post-conviction relief still done in Phoenix Municipal ? It just seems very unlikely I would be granted relief on this basis and the same court which convicted me.

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Zoey_ JD

Doctoral Degree

34,496 satisfied customers
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