Claimed Lawyer ProfileQ&A
For 30 years, I have been providing the highest quality representation on appeal in State and Federal Courts, in both civil and criminal cases.
- Appeals & Appellate
- Civil Rights
- Criminal Law
Additional Practice Area
- Constitutional Law
- Free Consultation
- Rates, Retainers and Additional Information
Generally Fees in Advance but sometimes will accept a payment over time agreement.
Jurisdictions Admitted to Practice
- 7th Circuit
- 9th Circuit
- U.S. Supreme Court
- Sole Practitioner
- - Current
- Santa Clara University School of Law
- J.D. (1981) | Law
- University of Wisconsin - Madison
- B.A. | Political Science
- Wisconsin State Bar # 1020123
- - Current
- State Bar of California
- - Current
Articles & Publications
- Wisconsin Defender
- Wisconsin State Public Defender
Websites & Blogs
76 Questions Answered
- Q. Appellant's opening brief, and their Respondent's brief in cross-appeal, are duplicative. Can the latter be dismissed?
- A: Dear ?, "essentially attempting to create a new appeal against me." No. A new appeal against you cannot be created in this manner. You have no grounds to move to strike the respondent;s brief in the cross appeal because you are not a party to the cross-appeal. If this party wants to make the same arguments against the other defendant as they did against you that is perfectly legal. Yours sincerely, Tim Provis Appellate Counsel Cal. Bar No. 104800 Wis. Bar No. 1020123
- Q. Arent missing pieces of transcripts suposed to be investigated during appeals wisconsin
- A: Dear ?, If the transcript is missing something which is crucial to an appeal, it is up to the appellant to file a motion in circuit court to have the transcript corrected. Yours Sincerely, Tim Provis Appellate Counsel Cal. Bar No. 104800 Wis. Bar No. 1020123 Member: U.S. Supreme Court Bar
- Q. When would an individual file a Cross-Appeal
- A: Dear ?, See Cal. Rule of Court 8.108(g): "(g) Cross-appeal (1) If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until 20 days after the superior court clerk serves notification of the first appeal." Yours Sincerely, Tim Provis Appellate Counsel Cal. Bar No. 104800 Wis. Bar No. 1020123 Member: U.S. Supreme Court Bar
- Q. Why is the Hurtado v california case so important to the future development of criminal prodedure?
- A: No one could answer this question in the space limitations in this forum. You can find a good answer by reading this article: Jerold H. Israel, Free Standing Due Process and Criminal Procedure, etc., 45 St. Louis U. L.J. 303 (2001).
- Q. DOES ONE HAVE A CONSTITUTIONAL RIGHT TO A JURY TRIAL IN CIVIL CASES IN CALIFORNIA
- A: Yes. See: "CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 16. Trial by jury is an inviolate right and shall be secured to all, but in a civil cause three-fourths of the jury may render a verdict. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel. In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute. In civil causes the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court. In civil causes other than causes within the appellate jurisdiction of the court of appeal the Legislature may provide that the jury shall consist of eight persons or a lesser number agreed on by the parties in open court."
- Q. If your house gets raided by police and not home are they suppose leave a copy of the search warrant?
- A: Yes and maybe. If your relative is not a resident of the house, the police may withhold the warrant from him/her even though they have no reason to.
- Q. What do I do if my trial is not fair and they can't show actual evidence that I did the crime what do I do
- A: You file an appeal. But, you need counsel to do that. (Well, you could do it yourself, but why risk screwing it up?) If your trial is over, you are entitled to counsel on appeal. Contact the Public Defender in the county where your case is being tried.
- Q. I was molested sexually by another male student at my school. The school kicked him out; can I still sue?
- A: Yes. The thing is, though, does this student have any money to pay damages if you win?
- Q. Ca if someone leaves your house and gets arrested for possesion can house be searched if resident is not on probation?
- A: Yes. If the police have enough information to get a search warrant, then the house can be searched. They probably need more than just the fact someone leaving the house was holding, but they may well have more info.
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