• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to proceed on an appellate court matter?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

louise

Guest
Recently I lost a CA appellate court matter. The remittitur was issued in November. This is the problem. The matter concerned due process. (a) the administrative agency ruled that no due process violation occurred. However, she did not include ANY findings with her ruling. (b) the trial court made no findings. (c) the appellate court, looked at the issue but stated that no due process violation occurred. ----- This is the problem at the appellate court level. --- The due process issue concerned procedural requirements. I was entitled to a number of documents from the administrative agency before any action was brought against me. The agency, however, gave me some unknown documents and placed them into evidence during the administrative hearing. (THIS SHOULD HAVE BEEN A DUE PROCESS VIOLATION). At the appellate court hearing, I only placed one of the SEVERAL of these documents into evidence. IN THE APPELLATE COURT'S OPINION, the court wrote that the one document that I used to prove a due process violation was not part of the administrative record (This is not true). The document was an exhibit that the Respondent placed into evidence. Had the appellate court accepted this document into evidence, it probably would have been forced to find that my due process was violated. Therefore, my questions are: (1) How can I get the appellate court to accept that the evidence that I submitted into court was part of the administrative record? What laws should I follow. (2) Does the attorney general of California have any responsibility to inform the Court of this defect in its opinion. If so, please explain. (3) Lastly, the appellate court was the only court that attempted to answer my due process issue. Consequently, is there any court that is obligated to review the appellate court's opinion. Can the U.S. Supreme Court answer it?
 


ALawyer

Senior Member
Appeals are very difficult and specialized matters, and even most lawyers never handle them. There are some "harmless errors" and also most appeals courts over-look meaningless matters and ignore technicalities. This is one you needed a specialist for. As for the US Supreme Court, read the Appeals section of FreeAdvice.com. They take only a tiny fraction of all filed "appeals", and from where I sit, you matter is not one that they would take probably even if a brilliant lawyer handled it.

------------------
This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top