Writ of Certiorari - Preservation of Error

It is understood that in civil cases constitutional challenges must be first raised at the trial court level and preserved through appeals courts and the state supreme court in order to be raised on appeal to the US Supreme Court.

Constitutional challenges were raised on appeal but not all were brought forth to the state supreme court to pare down the issues.

However, if the state supreme court denied review and the Petition for Writ or Certiorari is against the court of appeals, then should all issues raised at the court of appeals still be considered preserved?

Car accident funds

1987 I was in a car reck, in hospital for 6 months. Settlement sued my car insurance, other driver had no insurance. Decided to take money 35+yrs not all at once. Kids qualify for mn care without my settlement money included in my income. This money per month is strictly for my medical needs, not for any other purpose. mn care denied me medical for my kids stating this is a annuity and that it's unearned income. without the money I couldn't pay my medical bills, this settlement has nothing to do with my kids. I have appealed the decision, and will conference with Judge on Tuesday March 25th. Can you give me any good advise on what to say, or send the judge to convince her the money shouldn't be included as income. I'm single $50.00 per month child support, and no other means of medical insurance or dental for my kids, preexisting conditions for both children. Please help me without this coverage from the state for my kids, I could lose everything if there was another accident, or my kids get injured playing sports. Son 15 Daughter 10. my settlement is paid monthly tax free which I use for my medical expenses. I see a doctor @ 175.00 per visit every 8 weeks plus my prescriptions which range 50.00 on up or down.

ex post facto law

I have a cousin how has been incarcerated for 10 years , during his trial he was offered a plea of eight months, the supossed victim in thisevent, since the time of the trial as stood by my cousin , explaining this was an accident, , eight months after his arrest his sentence was changed due to a new gun law , that was put into place after the fact. the trial attoreny's mom died during trial, apeal lawyer took 30,000 from our family knowing he had cancer, he passed before any papers where filed. He has been inprison for 10 years for a crime that carries less than a year sentence, the victim in this case is a very close friend and till this day insit this is a big mistake. Eight months after his crime the gun law changed and now he is in with no hope insight. I am currently a criminal justice major and know that many of his constiontual right have been violated, I am just seeking some advice. What can be our next step

Writ of Certiorari

An appeal raising constitutional questions is heard by a state court of appeals, but the state Supreme Court declines review.

If a petition for writ of certiorari to the US Supreme Court is filed, is it filed against the state supreme court that declined to review the case or the lower court of appeals that heard and rejected it?

DA appeals my not guilty decision - riding bicycle without light

While riding on UC Davis campus core area at night my headlight was

disabled for about 15 seconds due to the shock of riding over a branch. A policeman saw this and cited me for riding without a light, a $235 fine. I argued that the place I was riding is not a highway (light

only required on a highway which is

defined as open to the public for vehicular traffic & bikes aren't defined as vehicles in the vehicle code. Since the core area is only open to public vehicles on a restricted basis and all entrances have barrier gates requiring key codes I was not on a highway. The judge agreed but the DA is appealing saying case law disproves my defense. Is the DA required to disclose their case law or reasoning to me prior to the appelate court hearing ? So far they haven't and the hearing is in 3 weeks. Also could the DA or UC fear a class action suit since, according to a court clerk, many no light tickets are given in the core area and most are paid ?

SB 1453 Senate Bill

I was sentenced to 2 years in State Prison After my release I was mandated to 150 day residential program and the agreement was if I successfully complete the program I would be discharged from Parole. I successfully completed the program and at my final Case Conference The Parole Agent Signed my Discharge Certificate and Congratulated me. As I was leaving she discovered I had a former Prison Number a (N) number Civil Addict Commitment and told me I was not eligible and withdrew my discharge. I do not feel this is fair since they mandated me and I successfully completed the program. Do I have rights to appeal this matter. Thank you for your time.

Employer lied to unemployment.

My employer lied to unemployment and said I quit instead of them firing me. I appealed it and they said due to my demeanor and the employer's demeaner during a phone hearing they sound more credible. I have no proof that I'm telling the truth, so I want to know is it possible to still fight this? I was on a leave of absence due to my father passing away. I came back when I was suppose to, but my employer fired me anyway. I know that he's also running an illigitamite business so I'm thinking about telling the police. He says it's border line illegal. What do I do?

Trial de novo

11/06, my nephew tried to purchase an auto(SUV) with a $3000.00 down payment. He was denied because of his credit. I then signed for the SUV in my name only. My nephew took possession of the SUV. Our oral agreement was that he pay the sales tax, get full coverage insurance, and make payments. He made 1 payment. let the insurance be cancelled, and did not pay the sales tax .He also put 6000 miles on the auto. I brought everything current and took the SUV from him. My nephew sued me in small claims court and won because I did not defend my self and did not ask for any money. I have filed a Trial de novo asking for $6000.00 for the money that I had to spend and the wear and tear on the SUV. Please advise me on my defense.

appeal on custody case

What does the term ''appeal deemed perfected?''

garnishment

Can a law office file a garnishment and serve one with this at work and when I call the law office has no idea who is wanting my money? Can this be done. I have no idea who is garnishing me, and the law office can't give me an answer. all they tell me is that it was from 2002. And some house hold bank, I sent my TRW and it is clean. am I being scamed?

My boyfriend

He posted bond in mesa county jail and then denver has a no bond held on him and they keep making court dates in denver that counter act his ones in junction so denver has not picked him up and wont for another few weeks if the dates dont get messed up? Is there any laws on how long they are allowed to hold him?

appeal, contract, answer

I am the defendant in a case about a paralegal, (the plaintiff), charging me for work she did in a divorce case, where she offered her services for free, even to the attorney that was hired later. She presented a false document in court and tried several ''slick'' maneuvers and twists on perspective that all failed. She was suing for 5 thousand dollars and was awarded 500.00 and told by the judge that the signature on the contract she presented looked false as well as she had held my belongings ransom in order to make me sign a promissory note, thus further canceling out her claims. She filed for an appeal. I was not notified of the court date. She won a bench judgment. I filed for a vacate and set aside and for a new hearing. She answered with all sorts of non-truths. QUESTION: Can I answer her response and what would I file in response to her response?

unable to locate owner but charged with driving an unoperable vehicle

In November 2007 my vehicle was sitting inoperable outside of a Sears Auto Center.I did not have my license at the time, or insurance which was dropped a month earlier, and had not sent in my tag being that i lived in the city and could not keep it on my property without a plate. Overnite my plate was confiscated and a police document was left on my windshield stating that the officer was '' unable to locate owner''. However I was charged with driving without insurance, when the vehicle itself was unoperableand still sits today. Being that I had my license suspended earlier for three months,Idid not contact PennDot for a change of address because I only used an ID card, and changed my address with the Postal Service instead I did not receive notice of the suspension untilI tried to get insured again. How can I be charged with driving the vehicle when I wasnt present and it was inoperable?? I spoke to PennDOT and they confirmed that the charges where leary and to file Nunc pro Tunc. I need some legal advice aboutanything else i may be able to do. Shouldnt the officer be able to drop the charges if they were filed wrong? This is such a big expense for someone's mistake. i would appreciate any help you could give.

I need someone with domain expertise

I'm looking for an attorney with expertise in doing battle with creditors, particularly post judgement appeal (petition to confirm Arbitration award). Judgement was rendered last Friday, so I have 6 days to file a motion to reconsider or motion to vacate.

I live in the S. California area.

appellate process

If an appellate court declines to hear an appeal, is this inaction regarding the merits of the appeal considered to be an affirmation of the appealed decision?

Child support appeal

DCSE is apealing a decision from Fx juvenil in Fx Circuit court, question is: ''Copies of all doc's evidencing transfers of property from January/2004 to the date of this inquiry'' (august/2007/.

My question is: how long they can for this specific kind of doc's? is there a limit? or they can go back any number of years they want?

Thanks a lot!!

I am a respondent ''Pro Se''

Meister vs. Moore

Hi,

This is a mere academic question. I am trying to understand if the U.S. Supreme Court decision of Meister vs. Moore is a binding appelate decision across the country, or if it was only binding on the particular case. I am confused because the supreme court's decision includes the text ''If there has been a construction given to the statute by the Supreme Court of Michigan, that construction must, in

this case, be controlling with us.'' But at the same time, there are websites out there that state it's controlling case law. (Ex: ''It should be noted that Meister has never been reversed and is still controlling case law concerning the fundamental right to marry without state interference.'')

Can an appeal under a ''Writ of Error'' to the U.S. Supreme court, analyzing a state law, be controlling across the country?

It seems like from the language that the U.S supreme court expected the U.S. court in Pennsylvania to follow the case law of the Michigan supreme court, and the U.S. supreme court was actually ''bound'' by it.

I also thought that states didn't have to agree with the judicial interpretations of another state's laws, even if the interpretations were from a court in the foreign state?

Time limit

how long does the state have, to respond to a pro se motion of appeal and what happens if they don't?

second motion for reconsideration

Can I get a sample of how to file a second motion for reconsideration as well as the motion for leave to file the motion?

Condemnation -Just Compensation, Interest

Because Just Compensation on condemnation includes interest from date of taking, whose responsibility is it to make sure that monies deposited during condemation proceedings bear interest while case is on appeal?