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Not sure where to post filing / preparing for an Appeal?

Discussion in 'Civil Court, Procedure & Litigation' started by Nasheayahu, Feb 20, 2021.

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  1. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Jurisdiction:
    New Mexico
    Will be filing a appeal and help preparing for. Do I post here or under what forum?

    Thanks...

    P.S. Will be representing myself if I'm not able to save enough in time for a Attorney.
     
  2. army judge

    army judge Super Moderator

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    You've posted already, please proceed with your issue(s) and follow up questions.

    Be advised that any attempt to spam scam any product or promote unsavory schemes or products will result in the SAME fate your alter-egos were dealt.

    Our rules are simple, behave yourself and follow our founder's simple rules of civility.

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  3. justblue

    justblue Well-Known Member

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    Does this have anything to do with your last thread?

    Wrongfully Terminated for Alleged Misconduct and Safety

    What type of help is it you need?
     
  4. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    I'm using the Tor Browser, so my IP may be one of these, but this is my first post since Nov 4, 2019 of "Wrongfully Terminated for Alleged Misconduct and Safety" as justblue is aware of.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    An appeal from what? And what are your grounds for appeal? Be brief.

    Understand that nobody here can give you step by step instructions but with sufficient details we might be able to offer an opinion as to your chances of success.

    You're already here. This is as good a forum as any.
     
  6. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    I'm having a problem trying to post, keeps saying something is wrong with my content. Not doing anything special, but a quote replay with simple text. Want to see if this make the post....
     
  7. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Hi justblue,

    It looks like I will be representing myself, so I'm doing a lot reading. I searched the internet and found on wikihow "How to Appeal a Judgment Without an Attorney" and recommends reading a book regarding "practice guide on appellate advocacy". As of right now, I'm reading "Making Your Case; The art of Persuading Judges" from my local library. Also found "A Practical Guide To Appellate Advocacy", but will cost $100 to $200 plus, from a PDF to hard copy.

    Waiting for the University law library to respond to my request to check this book out hoping I don't have to purchase it.

    So my first question among many is, will these books help and prepare me to present my case?
     
  8. Tax Counsel

    Tax Counsel Well-Known Member

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    That book is excellent, I have it myself. It is written by Bryan Garner, one of the leading experts on legal writing, and the late Supreme Court Justice Antonin Scalia. But it is a general book about the art of persuading judges at all levels of litigation, meaning trial judges and appellate judges, and all jurisdictions. It is not specific to New Mexico. It is more geared for litigation attorneys to help them refine their skills in writing briefs, motions, etc, and arguing before judges. You will not find any step by step instructions for your appeal in that. I've not read the other book you mentioned, but looking at the description of the book, it is again a book of general advice on appellate advocacy rather than specific steps to file an appeal in your state.

    You have limited time to file your appeal. The kinds of books you mentioned will not tell you the specific steps you need to take to file your appeal. So while the books may have some good information in them, they aren't designed to help guide you through the exact things you need to do. For that kind of guide you need to find a treatise that covers the specifics of appeals in New Mexico courts or federal courts depending on which court system you are litigating this in.

    Let's start with getting a few bits of basic information. First, what kind of court was the case litigated in, e.g. New Mexico small claims court, New Mexico District Court, federal district court, etc? If it was New Mexico district court, then the New Mexico court system self help guide has a chapter on appeals that will be a good starting point for you. Also, what was the case about, what was the outcome (e.g. was the case dismissed, decided on summary judgment, verdict against you after a trial, etc) and what is your basis for the appeal?
     
  9. adjusterjack

    adjusterjack Super Moderator

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  10. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    This was a Administrative judgement before The City Personal Board. I was warned by my fellow MCO's they will not follow nor want to hear of the CBA, laws from the Federal, State and local, but will use said laws and violated city policies against me, will disregard any Exhibits and Authorities I present. With that said, this was my Summary of Argument for my Findings of Fact and Conclusion of Law:

    Prior of Wednesday, June 27, 2018 all complaints by passengers were investigated and none warranted any discipline, there’s was no discovery of bad language or bad driving behavior. During the 2018 calendar year, the budget was allocated for 260 drivers to cover all routes, this would’ve allowed driver's to get proper rest on their days off. However we only had around 150 drivers and in order to maintain transportation’s operations, drafting was constant every week and even Supervisory were covering routes.

    The shortage of drivers was due a harsh working environment which drivers either transferred to other departments (mostly Waste Management for the better pay, but they soon stop that), quitting due to lack of rest, fired for too many miss-out’s (drivers calling in sick to get rest), newer drivers terminated do to long recovery time for work related injuries, and length of time it took to train new drivers.

    The Transportation Department accused me of having a pattern of bad language and driving behavior in three incidents spanning 20 days. However they failed to compare with my 986 days of 99.99% professional competence, efficiency, effective driving and communications skills, in addition my excellent attendance and dependability from October 17, 2015 to June 26, 2018. Accused of failure to be able to diffuse hostile situations without professional de-escalation training. Accused of having defensive driving training due to a one accident I’m partially responsible for since 2016. They enforce the City Policies, Transportation Procedure and Rules, and CBA for there benefit. But violate and deny the benefits and protection of the MCO’s.

    There was no grounds for termination.

    Decision by the City Personal Board; panel of 3 - 0 against.

    Will post next....
     
    Last edited: Feb 21, 2021
  11. Nasheayahu

    Nasheayahu Law Topic Starter Member

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  12. adjusterjack

    adjusterjack Super Moderator

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    Let's see if I understand what happened.

    You were employed by a city government (you haven't said which). You were terminated for reasons you do not agree with. You had a hearing with the city Personnel Board. The city Personnel Board unanimously upheld the termination and you want to appeal that decision.

    If I have that right I think that the two links I gave you are no longer appropriate.

    Using Albuquerque as an example see Page 6 Paragraph 8. Decisions of the Board. A. "The employee or the city may appeal the final decision of the Personnel Board to the District Court within 30 days after the date of the decision...by following the Rules of Civil Procedure for the District Courts."

    https://www.cabq.gov/clerk/administrative-hearings/documents/copy_of_DOC_1.PDF

    If you are not in Albuquerque your city's Personnel Board may have the same, or similar, rules that you can look up.

    Here are the Rules of Civil Procedure for the District Courts:

    New Mexico Court Rules | New Mexico Rules of Civil Procedure for the District Courts | Casetext

    New Mexico Courts website has a Self Help section that may provide forms and resources for you:

    Self Help | The Judicial Branch of New Mexico
     
  13. army judge

    army judge Super Moderator

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    Red Kayak and justblue like this.
  14. zddoodah

    zddoodah Well-Known Member

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    I'm not familiar with the book in question, but I cannot stand that guy. I've read a number of articles by him and have thought most of his suggestions were unrealistic. He reminded me of my law school legal writing and appellate advocacy professors. Nice theories about how to write, but nothing that actually works in the real world. Obviously, others find him helpful, but I never have.
     
  15. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    I'm waiting on three sets of documents, because I want to post my strongest arguments first as stated on Pg 46 - 48 of "Making Your Case: The Art of Persuading Judges".....
     
  16. Zigner

    Zigner Well-Known Member

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    Does this mean that you did have three incidents of "bad language and driving behavior" over a period of 20 days, but you feel that they should weigh those incidents against your prior good record?
     
  17. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Needs to be clarified, 1) no cursing, 2) just harsh words against drivers endangering the safety of the passengers and as well as myself (MCO or City Bus Driver). They all are fully aware we have the worse drivers in the State, if not, among the worse in USA.

    I supplied supporting evidence adding to the condition of my behavior, but was ignored. I'll present that later...

    Just accused of, and for the life of me, I don't understand why all involved don't know, understand the traffic laws. All driving maneuvers were legal according to Federal, State and local. They just ignored it.
     
  18. Zigner

    Zigner Well-Known Member

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    Despite the sugar-coating you put on it, it's clear that you were yelling at drivers who caused you difficulty. That's not a good thing to do as the operator of a bus, and trying to justify it isn't good either.
     
  19. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Clarification; not yelling, all words were spoken within the cabin seat area, with a normal tone of voice, only my supervisor heard the words, because I have three cameras around me recording.

    In addition, most of these buses inside structure are not sound (10+ year old, badly maintenance), way too much vibration noise, there was sometimes you couldn't even understand what was said. All incidents occurred in these badly conditioned buses.
     
  20. Zigner

    Zigner Well-Known Member

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    Unfortunately, it seems that you may have given them all the ammunition they needed for your termination. I wish you the best of luck in your appeal.
     
    justblue likes this.

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