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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 961
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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I am writing a PA appellate law brief to appeal a decision

Customer Question

I am writing a PA appellate law brief to appeal a decision that was made regarding my eligibility for SNAP and medicaid benefits. The original testimony provided at our hearing by the OIG and caseworker was patently false. How do I find the laws which apply to testimony that is perjured?
Submitted: 1 year ago.
Category: Family Law
Expert:  Seattle Scott replied 1 year ago.

The goal on appeal is not to have the appeals court find perjury, which is a witness knowingly gave false testimony, but to prove that the hearing's judge abused his or her discretion in basing any fact finding on the testimony of the caseworker - in other words you need to show that no reasonable person would have made a decision based on what the opposing witnesses stated. The trial or hearings judges gets to determine the facts based on the evidence. The standard of error applied by the appellate court is abuse of discretion - which is a very high standard and hard to win on appeal. Abuse of discretion is what you need to focus on , not perjury.