Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024
Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).
The fact that the... View More
If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More
I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More
Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024
In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More
I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.
answered on Dec 13, 2023
What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.
I am seeking guidance on whether we were treated fairly in a court case involving visitation rights. After my daughter passed away in a car accident, we requested visitation with our grandsons, whom we have cared for since they were 6 months old. In court, our lawyer did not speak on our behalf,... View More
answered on May 27, 2025
It is tough to say without thoroughly reviewing the hearing tapes and evidence, but it certainly sounds like you may have gotten the short end of the stick. I would hire a new attorney to review these matters and give you an opinion based on a complete review of your file.
My son was convicted of armed robbery with a firearm and wanton endangerment when he was 17 years old. He has been incarcerated since 2014. At his parole hearing on December 18, 2024, he was told he must serve out his sentence in Kentucky due to the severity of his crime. He has accumulated eight... View More
answered on May 21, 2025
Very doubtful on the MRS release. You can appeal but the likelihood of prevailing is quite low.
I've been convicted of theft of rental property over $10,000 and failing to release it, based on false probable cause by Officer Welsey Hicks from Cave City Police. The officer falsely claimed he verified the truck's status using NCIC at 11 PM, but Penske Corp's office, which closes... View More
answered on May 13, 2025
You will need to appeal the conviction to the Jentucky Court of Appeals within 30 days of the conviction.
I was wrongfully imprisoned and charged with criminal mischief in Kentucky after unintentionally escaping from a hospital while I was very sick. Additionally, I have a dismissed charge from Indiana on my record. I would like to know how I can clear my name and remove these false and misleading... View More
answered on Apr 17, 2025
You should be able to expunge your record immediately and remove all the charges once and for all.
I was granted a full expungement, yet my name and appeal still appear on the Justia website. Why is this information still accessible, and what steps can I take to address this issue?
answered on Apr 10, 2025
Not sure how, where or why your name appears, but you may want to send them a copy of your expungement order requesting they remoe the information.
In Kentucky, the father of my children was issued a Domestic Violence Order (DVO) after admitting to verbal and mental abuse, coercion, confinement, and posing a danger. Despite being offered legal counsel, he refused it in court and admitted to the accusations while witnesses testified against... View More
answered on Mar 9, 2025
Depends on whether he’s asking for reconsideration or appeal. Reconsideration will be the same judge. Appeal will be a new three judge panel before the Zcourt of Appeals.
I was the defendant in a criminal case where the decision came back as 'no bill.' I did not receive any official documentation aside from the note written on the inventory paper listing the items the police took as evidence. They returned my gun, which had an evidence tag, but the DVR did... View More
answered on Mar 7, 2025
You should consult a civil rights attorney to determine whether you have a claim and at a very minimum, get your DVR back.
My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More
answered on Mar 7, 2025
It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.
My friend was arrested and charged with burglary after his girlfriend, who was incarcerated, gave him the keys to her safe to retrieve money meant for hiring her a lawyer. She instructed him to avoid the cameras because of her dad, so he entered through a window. Her dad, who is pressing charges,... View More
answered on Mar 6, 2025
Yes. He can. There is no statute of limitations on a felony.
I am concerned about a situation where opposing counsel drafted, notarized a final order and signed it for my attorney without apparent proof of permission or communication with my attorney. The judge signed this order within an hour of filing. Although there was a supposed verbal agreement, there... View More
answered on Mar 5, 2025
Find out whether your lawyer gave permission. If he or she did, no issue. If he or she did not, then file a motion with the Court and make them aware the order was signed without permission.
Hired atty who did not represent me in lower court, made mistakes in Notice of Appeal and then billed me to correct her errors, I paid, but in dispute. I also informed her that she needed to start responding timely to my communications and suggested 2-3 days if even to inform me when we could talk;... View More
answered on Feb 18, 2025
You probably will need to hire a new attorney to review the case and see if you have a legal malpractice claim against your former attorney.
answered on Jan 31, 2025
E can be impeached with his criminal record and the current new charges pending against him.
My husband doing 365 days for leaving rehab on a possession of med charge 0.01g he has done 130days what can I do to get him out anyway house arrest work release drug court anything we can do to get him out please
answered on Jan 9, 2025
You can file a motion with the sentencing court for shock probation to probate the balance of his sentence.
He has no idea where the money is, how much he gets as he’s older or any details. His aunt is trustee and she has us blocked and ignored calls. I’m afraid there won’t be any money there. This isn’t the only trust she’s in charge of!
answered on Sep 30, 2024
Not unless the trust provides for it. There is no basis listed in your question that would give rise to contesting the trust. The trustee is under a fiduciary duty to the beneficiary to ensure that the money is there and that the terms of the trust are followed.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
