Ask Me Help Desk - Bad judge's decision

Quote:

Originally Posted by kayceegirl

Thank you for your answer. I am not looking for sympathy, I am looking for a legal way to correct what happened in court.

My attorney assured me that expenses were not needed for this type of case. He printed out a form the Fairfax, VA courts use to determine support. Nowhere on that form is there a place for expenses. My lawyer was a "fellow of matramonial law" ...I thought my best option was to listen to him and his experience in this type of action. I did not have a clue my husband was going to present a list of his expenses.

I did not ask for a certain amount. I wanted the court to decide what would be fair based on income so my paperwork asked for spousal support in the amount of "pursuant to guidelines". I had my expenses all figured out, but again my lawyer assured me I would not need to bring them to court.

Please explain why I should purchase a transcript and how that would help me to get the decision overturned. The judge already denied a motion for a new hearing. On what basis could I ask to get it overturned...and can that be done after I've been denied a new hearing?

Thank you for your help.

I don't know what the grounds for appeal are in your State and would have to research. I would think in terms of "bad" legal representation or anything else that might work.

A transcript is necessary in NY if you are arguing that the decision was NOT based on law. (As I said, I purchased a NY transcript, it was a bad decision, "we" lost. It's a toss of the dice.)

I DEFINITELY would speak to another Attorney!

Quote:

Originally Posted by JudyKayTee

I don't know what the grounds for appeal are in your State and would have to research. I would think in terms of "bad" legal representation or anything else that might work.

A transcript is necessary in NY if you are arguing that the decision was NOT based on law. (As I said, I purchased a NY transcript, it was a bad decision, "we" lost. It's a toss of the dice.)

I DEFINITELY would speak to another Attorney!

In my state there is a 10 day deadline to file for an appeal. I have passed that deadline. Would seeking an amendment be something I could do?

Is there a difference between appealing a case within 10 days of a decision... or going to a court of appeals? Is that a different process that would not have a 10 day time frame?

What is "normal appellate process" at this point?

Ab

Quote:

Originally Posted by kayceegirl

... I filed for an appeal within 10 days, but cancelled it ...
I asked for a new trial ... The judge denied my request ...

I thought the fact pattern you related in this thread looked familiar. You already asked about this issue, in your other thread.

A motion for a new trial and an appeal are indeed two different things. In a MFNT, you ask the judge to re-think what she has decided. In an appeal, you ask that a higher, appellate court find that the judge erred, and that it second-guess, over-rule, and reverse the decision.

The Judicial Inquiry and Review Commission is a third avenue, but, as they told you, it has no authority to review or change the judge's rulings or decisions. Normally such bodies exist for the purpose of disciplining judges, not over-ruling them. What they mean by saying that the "only avenue for review of such matters is through the normal appellate process," is that you should have followed through with your appeal.

You dismissed your appeal and that is the end of it, as far as your case is concerned.

Quote:

Originally Posted by kayceegirl

... What or where can I turn to now? What is my next step? How can someone commit perjury in a courtroom and no one cares? ...

You do understand that perjury is a crime?
You could try to persuade the district attorney to prosecute him for criminal perjury.

Ab

If you have new info you post a follow-up to your thread, not start a new thread. You were warned before about not starting new threads and your threads have been merged yet again.

Ab

I understand your not being familiar, but no this was not a new question. It bore on the previous issues and knowing the full story helps us give you the best answer. As I pointed out you were previously told about starting new threads.

No I don't see any bad attitudes here. You have been getting accurate opinions on the legal issues. Its not our fault that those opinions are not what you want to hear.

Quote:

Originally Posted by kayceegirl

I thought this was a new question because it was based on a response from the Judicial Committee.

I am not familiar with this site, a little more understanding would be nice. I have tried my hardest to do what is supposed to be the right thing to do, yet when I come here for help I seem to keep running into mostly bad attitudes, and not an understanding that there is someone who is doing the best they know how to do but seems to keep running into roadblocks.

Quite frankly - if that is what you want to hear - you have received right-on information based on what you have posted.

You have the bad attitude - comments about the legal system in general, your Attorney, the Judges, the attitude of the Court, all of them skewed by your failure (or your Attorney's failure) to get pertinent info admitted to Court.

I see no bad attitude here from the people who are trying to help you.