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Recent Circuit Court questions

Is it double deopardy, under the blockburger test to be

Is it double deopardy, under the blockburger test to be prosecuted under south Carolina law for failure to stop for blue lights resulting in death and reckless homicide

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Dwayne B.

Juris Doctor

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If a judgement is granted in Circuit court, and one

If a judgement is granted in Circuit court, and one disagrees with the decision, is the next step to file a motion to reconsider in the same Circuit or file with the appellate court to vacate the judgement?

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Dwayne B.

Juris Doctor

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I'm contacting you on behalf of my nephew. He is currently

I'm contacting you on behalf of my nephew. He is currently incarcerated in a county jail due to a probation violation. He was sentenced originally to 3 years probation - supervised by Community Corrections. He had 423 days of street credit at the time he violated. However, he wasn't given credit for the time. There is no information in the court transcript or sentencing information stating that he shouldn't have been given credit. At this point, he has been in jail for 15 months, was a trustee for 10 months, and also worked a job to reduce his time. He should have been released in March if given credit for the street time. We have consulted a lawyer who agrees that he should be released. The lawyer filed a motion in Circuit Court to appear before the same judge who sentenced my nephew. However, the lawyer is non-responsive and has told us that we're at the mercy of the judge. He can decide when to set a date to hear the case. Can you please advise whether we have a case and if the information that we have been told is correct?

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rsa.esq

Counselor at Law

Juris Doctor

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I live in Michigan and my employer received a wage

I live in Michigan and my employer received a wage garnishment yesterday from the Illinois department of revenue for failure to pay business taxes in 2008 in the amount of $9,000.No Judgement was ever entered against me as Illinois does not require one to collect on tax issues.My question is this: I was going to file a MC-49 Objection to Garnishment with my local circuit court on the grounds that the garnishment was not properly issued or is otherwise invalid for the following reason: 1) The judgement was never domesticated to Michigan and 2) MI law has a statute of limitations of six years to collect on an out of state judgement.Is this a valid option to stop the wage garnishment.

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Asad Rahman

Attorney

J.D.

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I had a relationship with someone who worked at my second

I had a relationship with someone who worked at my second business. I wanted out of the relationship and the person began threatening me. I decided to sell the businesses so that I will get rid of him. He decided to get the businesses. I had my first business two years before getting the second one he put almost $5,000. And told me he was doing it for me. The lease everything is on my name and I have been paying the bills using money from my first business to support it until it was able to pay its bills. He has taken the second business and said he only owes me $3000 for that business when I ask $30,000. And my first business he paid me $25,000 off $45,000. said he does not owe me anymore money and changed the locks on both businesses. He also to $88,000. From me for work he claimed he could do knowing it was a lie. I found out he is also illegal in the country and he is threatening me. His family and friends told me he said he was going to take everything that I have. He comes in my yard at night to put evil things in front of my door. One night I saw him and confronted him the following day when he came to clean in front of my house and said that he was sorry. He was upset because I would not answer his calls. How can I get my business or my money from him

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Sam

Attorney

Doctoral Degree

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If you 't agree with final order and you file extension

If you don't agree with final order and you file extension to appeal to circuit court. From what I understand you have 30 days to file appeal petition to circuit judge is this correct?What if it's past the 30 days?The papers were filed 4 days late and the Circuit Judge didn't change anything after review. Is this because the deadline was late 4 days. Does this automatically go back to the family judges decision because of that?

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Phillips Esq.

Attorney

Juris Doctor

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The case in The Circuit Court County Maryland and it deals

The case in The Circuit Court for Howard County Maryland and it deals with a custody dispute.Scheduling Order States:ORDERED that all discovery shall be concluded by 06/09/16 ,except depositions and supplementation of responses as required by Rule2-401(e). Any modifications of this Scheduling Order must be requested bywritten motion filed before the compliance date(s). The motion must provide goodcause to justify the requested modification. Stipulations between the partiesand/or their counsel shall not change any deadline in this Scheduling Orderabsent Court approval. ALL DISCOVERY DISPUTES MUST BE RESOLVED BY THE DISCOVERYDEADLINE.Opposing Attorney sends a 26-page "Good Faith Letter to Resolve Discovery Dispute" letter dated July 8, 2016, stating various deficiencies concerning my responses to interrogatories and request for documents.Given the discovery has concluded a month prior do I need to respond to make any effort to further respond to discovery?In the event, I have no obligation to respond to these "deficiencies" that he states, which of the following ways should I respond to him?a. Send him a bare picture of my rear end and tell him to kiss it.b. Tell him when you snooze you loose.c. Do nothing, and wait for him to file a motion to compel to cause and let him charge my ex-wife for his mistakes to increase her bill, and then file a motion to strike his motion for it being untimely filed since discovery has come to a close along with discovery disputes.

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Phillips Esq.

Attorney

Juris Doctor

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Misrepresentation in federal court. My ex-lawyer sabotaged

Hi Pearl. Misrepresentation in federal court. My ex-lawyer sabotaged my case so badly that I suspect he was corrupted by opposing counsel. I lost MSJ in a retaliation case.JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.Customer: thanksJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: Defendants won MSJ in federal court because my attorney severely misrepresented my case. He didn't submit evidence, didn't dispute many of the defendants' findings of fact, didn't mention that they lied under oath and that I had proof of their perjury. My attorney submitted "my" response to the MSJ without showing it to me first and getting my ok. I asked the judge for reconsideration but he denied because evidence should have been entered previously. The judge also wrote that it would not have changed anything anyway because I 'couldn't prove' the causation in the retaliation. However, Reeves only requires proof of pretext not causation to get case to court. I could show pretext as the defendants changed their story and their reason for their adverse actions. The judge also refused to accept the "1000 small cuts rule" as it came from an appellate court in a different federal circuit. The district court judge's ruling now hurts my chances for a malpractice lawsuit. :(JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.Customer: If there is a chance I would like to appeal the SJ.

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Dwayne B.

Juris Doctor

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Lawyer withdraws from custody case "Council can no

Lawyer withdraws from custody case "Council can no longer represent the petitioner in good faith" Virginia Family Court.My grandson is almost 4 yrs old. My son has full custody, the mother has visitation every other weekend. The mother tries anything to get favor with the court, and most backfire 1. Frivolous hospital visits and CPS complaints. 2. Unwarranted 911 calls to my home (where child lives) to police and fire departments --- she now has a 1st class misdemeanor for "misuse of 911". 3."Rescuing" the child by trespassing and assault and battery on me -- two more misdemeanor charges. 4. Last month she Charged me with "annoying phone calls" -- judge declared a frivolous case, harassment , and applied sanctions for her to pay my attorney. 5. Court insisted on psych evaluation, but she does not comply with treatment and medication. It's been a fun 4 years!!Over 30 court appearances over the last 3.5 years. Sometimes she represents her self, and she has had three lawyers over this time. She appealed family court ruling giving custody to my son and it was upheld on appeal in circuit court. This year she has appealed again, back to the family court (same judge). Her current lawyer just sent a motion to the court for permission to withdraw from the case. The reason states is "Council can no longer represent the petitioner in good faith" . Our lawyer and the Gaurdian ad Litem both signed off on her lawyer's motionWhat does "Council can no longer represent the petitioner in good faith" mean?

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LawTalk

Attorney at Law

Juris Doctor

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