Top 5 Tips for Remote Appellate Arguments During COVID-19

Due to the risks presented to human health by gathering in closed quarters during the pandemic, the majority of court cases are being held remotely. Appellate cases are included in the shift to remote meetings, and for individuals who have an appellate court appearance approaching, this change may be stressful.

If you’ve been notified that your appellate case has been shifted to a remote appearance rather than an in-person session, there are several things you’ll want to keep in mind when you’re preparing for your case to be heard by a judge.

Standard Appellate Court Tips

In any instance, when you’re getting ready to attend an appellate court appearance, you’ll want to ensure that you’re fully prepared to state your case when the time comes. Take a look at the following steps to be certain that you’ve got everything you need to make the most of your appeal.

• Be familiar with the law: While your representative will help you when it comes to the more intricate details of the law, it’s a good idea to have a basic understanding of the laws that impact your case.
• Know the functions of appellate courts: Be aware of what the court is designed to do and know the powers it has to make decisions.
• Practice what you’re asking for very carefully: The best way to get what you want out of your case is to be very clear.
• Know the details of your record: By being well aware of your records, you can help prevent any mistakes from being made in the case.
• Do your best to present a strong argument in a frank, collected manner: The more sense you make during your argument, the less likely you are of having to clarify points along the way.
• Be respectful to the judges presiding over your case: One of the best remote appellate argument tips you can follow is to remain respectful and poised. Judges do not appreciate disorderly conduct or disrespect in their sessions. Even if you’re nervous or frustrated, be on your best behavior.
• Try to remain calm: Legal proceedings can be highly stressful, but do your best to remain calm and focused.

COVID-19 Remote Appellate Argument Tips

While you have most likely covered all of the steps you need to prepare for your case, appearing remotely brings about a few added challenges that you’ll need to face. Follow these remote appellate argument tips in order to have your case proceed as smoothly as possible.

#1- Test Your Equipment Ahead of Time

If you’re meeting with the court remotely, one of the most important remote appellate argument tips to follow involves making sure you’re equipment is in working order ahead of time. Don’t wait until the last minute to test your computer, web camera, conferencing applications, or cell/landline phone.

Perform a practice run of your meeting a day before your case is scheduled. If applicable, meet with your legal representative using the same equipment you plan to use during the case in order to be sure you’re able to connect, and that the other party can see and hear you clearly.

Also, it’s worth mentioning in this remote appellate argument tip that many courts have their arguments pre-recorded and available online. Take a look at this website for oral arguments that the U.S. Court of Appeals for the Second Circuit has prepared.

#2- Keep It Brief

Remote appeal cases might proceed more quickly than in-person court sessions. For this reason, it’s important to keep your argument brief. At the start of your argument, it’s a good idea to present the court with an outline so that you can list the main points of your argument. Address the most important points first, because the court will very likely have you under a time constraint.

The point of this remote appellate argument tip is to ensure that you’re able to say everything you absolutely need to say. The judges will likely have questions for you at the end of your argument, and in order to have your case proceed on a good note, you’ll want to ensure that there’s as much time as possible left for you to clarify your points.

#3- Set a Timer

In addition to keeping your argument as brief as you can, it’s also a good idea to keep track of your time limit. During in-person court cases, a light system is used to let individuals involved in the case know how much time they have for arguments. While this is still true for remote cases, you might not be able to see the countdown from your area.

Because of this, a good remote appellate argument tip involves keeping track of time on your own. Try to have an electronic timer available so that you can avoid losing track of time during your argument.

#4- Cover the Most Important Information First

Again, because your time will likely be short when trying to deliver your argument during your appeal, it’s crucial to cover the most important points first. Address the main issues at the beginning of your argument, keeping in mind what sort of questions the judges will most likely ask you afterward.

Once you have your main arguments covered, you can cover additional pieces of information if you have time, and if covering the topics is necessary for your case.

#5- Be Prepared for a Rush

While it’s common for appellate cases to proceed quickly, having your case handled remotely will likely speed up an already fast session. It’s possible that during your remote session, the judges do not have very many questions for you. In fact, due to the logistic challenges of remote sessions, the judges might not have any questions at all.

While it is important to keep your argument brief and cover the important points first, as mentioned above, don’t sell yourself short.

Because this case is likely going to proceed differently than what you can expect to happen in person, one key remote appellate argument tip is to be ready for anything.

While you absolutely should be prepared to present a brief, concise argument, you should also be prepared to deliver your entire argument uninterrupted if the judges do not stop you from speaking after the time limit passes.

Remote appellate court appearances can be a stressful, challenging event, especially when you’re not familiar with remote conferencing. However, by following these remote appellate argument tips, you’re likely going to be able to conduct your argument during your case quite well.

In addition to following the tips listed above, do what you can to talk with your legal representative before the case begins. These individuals are experienced when it comes to participating in remote court cases and they can help you clarify any confusion you may be experiencing.

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What Are the Common Grounds for Criminal Appeals?

A criminal conviction doesn’t mean it’s the end of the road. Even if you’ve been found guilty by a trial court, you can appeal to the circuit court if you believe you have been wrongly convicted or received a harsh sentence. When an appeal goes to an appellate court, any one of the following scenarios can happen:

• The conviction is reversed.
• The verdict is altered.
• A new trial is ordered.
• The appellate court withholds the decision of the lower court.

Even after an appeal is tried by a circuit court, the defendant can appeal the decision at the Supreme Court. The United States Supreme Court in Washington, DC, makes the final decision in an appeal.

Common Grounds for Appeal

Criminal appeals attorney can cite any of the following reasons to appeal your conviction. Depending on the strength of the argument, the appellate court can overrule your conviction. Here are the common grounds for appeals:

1. False Arrest

If the officers didn’t have an arrest warrant to arrest you, your case could be overturned when you appeal. Also, if the officers violated any search and seizure laws during your arrest, it forms a valid ground for an appeal.

2. Exclusion of Evidence

Before the jury tries the case, the judge holds a special hearing with the defense lawyer and prosecutor. The judge decides which pieces of evidence are to be presented in court. Sometimes judges can get it wrong and prevent exculpatory evidence from being presented before the jury. In such cases, you can appeal the sentence citing exclusion of evidence.

3. Insufficient Evidence

Like the judge, sometimes the jury can make a mistake. They can decide based on emotion or prejudice and convict the defendant even when there isn’t compelling evidence. If the prosecution fails to prove the case beyond a reasonable doubt and the jury goes ahead with the conviction even when there is a lack of evidence, you can appeal the sentence on the grounds of insufficient evidence.

4. Ineffective Counsel

Sometimes your defense counsel commits a legal error and may not present your case strongly. If you can prove that the inefficiency of your trial lawyer deprived you of your Sixth Amendment, you are entitled to a new trial.

However, note that you can appeal only when you can prove that the attorney’s conduct fell below the objective standard of reasonableness and the attorney was prejudiced.

5. Prosecutorial or Jury Misconduct

Another reason to appeal is if you have proof of the prosecutor or jury engaging in a dishonest act or using improper methods to convict you. Then, you are entitled to a new trial based on prosecutorial or jury misconduct.

Some of the common scenarios of misconduct include:

• Refusing to deliberate
• Failure to conduct a factual investigation
• Purposely concealing relevant information
• Commenting on inadmissible evidence
• Convicting based on passions and prejudices

6. Sentencing Errors

The judge is required to state clearly their reason for a particular sentence. If the judge ignores sentencing rules, then it becomes an illegal sentence. If you can convince the appellate court that you have been sentenced illegally, then the court orders a review of the verdict in the trial court.

If you or a loved one has been falsely convicted and needs help with appeals, reach out to Brown Stone Law. Robert L. Sirianni has filed successful appeals for many clients found guilty of criminal charges. As one of the leading criminal appeal lawyers in Georgia, he can provide you with professional assistance for your appeal. Contact our team today to find out how we can help you.

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3 Things to Expect in an Appellate Court

An appeal is a request to the higher court, asking them to review the lower court’s decision. The request is made by either party when they are not happy with the earlier decision. While the appellate court will review the trial record, it does not consider new facts or evidence. Plus, some different procedures and policies govern this process. Appellate lawyers consider a range of circumstances to decide if there’s a possibility for appeal. If you are planning an appeal, here are a few things you should expect.

1. An Appeal Is Not the Same as a Retrial

Often people consider an appeal as an opportunity for a retrial. But the appellate court’s job is only to determine whether the law was applied correctly in the lower court. It is neither a retrial nor a new trial of the case, and appellate courts do not accept new evidence or witnesses. They only look for legal errors in the trial case judgment. Appellate courts only consider reversing an error if the error affects the outcome of the case.

2. Winning an Appeal Does Not Mean Winning the Case

People also wrongly assume that winning an appeal seals the case’s outcome and is as good as winning a case. Depending on the result you are hoping to get, it could mean that you’ve managed to reinstate a dismissed case or given an opportunity to correct a complaint. In some cases, a new trial is scheduled, or a new administrative hearing is advised. Appellate lawyers must advise their clients about the various outcomes before filing for an appeal.

3. Standard of Review Is Important

The standard of review is an essential element that decides the outcome of the case. A standard of review is the appellate court’s criteria to evaluate the lower court’s decision. In the United States, there are different types of standards of review: a question of fact, the question of law, and procedural errors. Some issues could involve a mixed standard of review.

It is essential to work with appellate lawyers who exclusively represent appeals. Their experience helps choose errors carefully, discern the correct standard of review, and prepare an ironclad opening brief. Call us at 888-233-8895 if you want to discuss an appeal.

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15 Best Tips to Build an Appellate Practice

There are several challenges associated with building an appellate practice. Until you are established, it’s unlikely that clients will begin to seek you out. This article will offer essential information on how to build an appellate practice while handling all the challenges of the process. Whether you have been practicing for years or are a new law graduate, these tips to build an appellate practice will help.

1. Work on a Pro Bono Basis

When you are considering how to build an appellate practice, keep in mind that it will take hard work. All the tips below can be done in different orders based on what phase of the process you are in. However, one of the top ways to get started is by taking on a pro bono appeal.

You can often find the option to work on an appeal through a legal clinic, a public defender office, or a juvenile representation office. While there are all sorts of ways to prepare yourself for this sort of work, at some point, you need to jump in and try it.

2. Involve Yourself in Organizations

Learning is an integral part of the process of building an appellate practice. The ABA and state bar associations both have appellate practice sessions with important information. In addition, you can choose to go to conferences, take part in continuing legal education, or engage in other events related to appellate practice.

By putting yourself out there and becoming involved, you’ll also have the chance to broaden your network. In addition, you can get to know others in appellate p

ractice and use them as a point of referral in the future.

3. Offer to Help Other Attorneys

If you are part of a firm and know an attorney currently working on an appeal, you can offer to help them. This might not put you at the head of the table on a case, but it will give you essential practice. In addition, you can learn more about how to build an appellate practice by being around someone who has already succeeded at that.

When you help others, you might have the chance to brainstorm questions and answers for oral arguments, draft appellate motions, or proofread briefs. You’ll also likely get an opportunity to research specific legal issues that will be useful to you in the future.

4. Watch Oral Arguments

One of the best things you should know is that observing oral arguments is easier than you might think. Appellate courthouses are open to the public so you can go in and watch the process when carried out by experts. All you need to do is find a case you find interesting and go in to learn more.

Make notes while you watch and gain more insight into the process. If you don’t have extra time to stop in for live oral arguments, there are other options. Some courts will post video or audio of oral arguments. Visit a few of their websites to find arguments you can view from the comfort of your own home.

5. Create an Amicus Brief

If you heed tip number two on this list, you’ve already started to be involved with organizations. A second part of how to build an appellate practice hinges on that. One of the ways you can be helpful while learning at the same time is by offering to write an amicus brief.

Choose a federal or state appeal that the organization will have some interest in. Then, when you step in and create this kind of brief, you have the chance to network with people who could be future clients. You’ll also get the opportunity to work on your expertise with legal writing.

6. Think About a Clerkship

While many people believe clerkships are only for those straight out of law school, that isn’t true. A clerkship can be just as useful for someone who has been practicing. In addition, taking an appellate clerkship can be a vast source of experience and knowledge.

While working as a clerk, you get to experience the appellate practice firsthand. In addition, you’ll work on your research and writing skills. Finally, a clerkship can provide the chance to get to know and observe the best appellate attorneys in your location.

7. Search for a Mentor

To answer the question of how to build an appellate practice, consider finding a mentor. Choose someone who has experience that you can gain insight from. Depending on your location, there may be a mentoring program through your local or state bar association.

If you decide to take advantage of a program, it typically involves pairing a younger lawyer with someone seasoned and experienced with appellate practice. It could include being paired with a judge. You can also choose an attorney you are inspired by and create a relationship with them.

8. Keep Track of Blogs

Even if you have a mentor, are in organizations, and keep up with other forms of media, don’t forget blogs. You want to be sure you are up to date on developments in appellate law. It’s essential to keep learning and be abreast of new happenings at all times.

Some of the most valuable sites include HowAppealing and SCOTUSblog, but there are plenty of others. Do a quick search and find the blogs that you enjoy reading the most. You will likely come across a blog based on the appellate decisions made in your state, too.

9. Present Programs

If the bar for your state doesn’t have a practice section, set up your own appellate program. The initiative can set you apart from others while you impress the bar and your appellate courts. However, if there’s already a section for appellate, volunteer to present some of the programs.

This is an excellent way to build a reputation and develop your expertise while you choose a topic to present, research it thoroughly, and then share it with others interested in the subject. Another option is to present a program for in-house lawyers, which could strengthen your profile with specific clients. Finally, speaking in public is an excellent way to be seen as an expert in the field.

10. Hone Your Skills

When it comes to how to build an appellate practice, you have to be a great writer. This takes talent, but it also requires effort and practice. Seeking out writing seminars can give you a better grasp on good habits and habits you should avoid. However, keep in mind that legal writing has been changing. Often, briefs are found in electronic format so you need to know how to write for devices.

In addition, moot courts are an excellent option for getting better at argument skills. Even listening to other attorneys talk about the way they go through preparations for oral arguments can help you build skills. Keep working on the things you haven’t yet mastered.

11. Always Do Your Best Work

One way to enhance your reputation is by winning appeals. However, a lot of hard work has to be done to start doing that. Drafting briefs and then asking for input from others can be a great way to keep improving. Be open to criticism to find out what you might need help with and then put effort into improving.

The briefs should be considered as seriously as the oral argument. This takes time so you’ll need to be sure you open your schedule for revisions, checking citations, and doing final proofreading. Sloppy briefing should be avoided because judges will notice.

12. Make Waves in Your Firm

Becoming a top person at your firm is also part of how to build an appellate practice. You can become known as a great lawyer and worker in stages. Those who are at a firm should communicate with trial lawyers about their desire to get involved in appellate practice. Learn all the rules and make sure others are aware you have the answers.

You can also make yourself a source of written help, as well. For example, many trial lawyers love to work with an appellate lawyer in some phases of a case. When you establish a relationship with them and show you can be trusted, you might be asked to take on appeals.

13. Publish Articles and Information

Publishing articles about appellate information is essential since it will go out to a vast audience. In addition, there are many places to distribute the things you write. For example, you can create pieces about appellate issues in magazines, newsletters, books, or the Internet.

The idea is to show how much you have to offer as an appellate attorney.

14. Update Your Website

If you don’t have a website, you need one. Assuming you already have one, make sure it’s in perfect shape. A great bio is a must. This should be updated regularly with your memberships, honors, and other activities. Make sure you show off your specialty to the extent the bar allows.

Add links to writing you did on appellate-related issues. If clients agree, include briefs for essential cases. In addition, you should display descriptive information that ties together to show you are an appellate expert.

15. Find a Way Onto the News

The last tip for how to build an appellate practice involves reaching higher. Sharing briefs with a reporter is an option. When you start winning huge appeals, making comments is also acceptable to do. If you manage to get your photo and name in a local paper, this can also strengthen your reputation. Internet or legal publications are also helpful.

Wrapping Up

When you incorporate the above tips into your drive to become an appellate expert, you’ll start to work your way up the ranks. Remember that even small changes can have huge benefits when you work smartly. So whether you’re starting and learning in moot court or have tons of experience and want to move toward a specialty, these tips to build an appellate practice will help you reach the top.

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5 Steps to Appeal a Criminal Conviction

A criminal case does not typically end with a guilty or not guilty verdict. Either party can appeal the ruling, and the case can continue. Defendants who feel they’re wrongfully convicted can make a motion to the trial judge seeking to overturn the verdict. They can also ask for a new trial or appeal to the higher court to reverse the wrongful conviction.

If you’ve chosen the third option, here’s how you can make a successful appeal.

Step 1: Filing a Notice of Appeal

The Notice of Appeal typically must be filed within 30 days of the trial court judgment. There are three methods to file an appeal in Georgia: direct appeal, a discretionary application to appeal, or making an interlocutory appeal. The appellate attorney must determine the type of appeal and to which court it needs to be filed.

The attorney must also know if the order is appealable or non-appealable. This distinction can be complicated because what looks like a final order can be appealable and vice versa. Experienced appellate lawyers know the difference between summary judgments, final orders, and orders granting summary judgment with words of finality.

Step 2: Gathering Evidence for the Appeal

Appellate courts do not admit new evidence or testimony. Plus, they do not entertain evidentiary hearings. The appellate attorney evaluates evidence, testimonies, and documents already presented before the trial court.

Typically, the standard filings are sent to the appellate court. But attorneys have to be careful because the trial clerk may not include essential documents, or worse, leave out the required filings. They will also need to collect transcripts of relevant hearings.

Step 3: Doing Research

An appellate brief is the most critical aspect of an appeal. To write a good brief, the lawyer will need to spend a good amount of research to filter issues that are worth appealing and those that are not worth appealing.

Step 4: Write an Appeal

Appellate attorneys must have excellent writing skills. Experienced lawyers use statutes, constitutions, precedential cases, an appropriate source of law, and administrative rules. They use these resources to create a watertight brief and argue why the trial court conviction must be reversed.

Step 5: Making an Oral Argument

Not all appeals necessitate an oral argument. However, when they are necessary, they can be impactful. Some of the questions discussed during the oral argument include facts, relevant case laws, hypotheticals, and public policy issues. Experienced attorneys always make it a point to answer the questions directly rather than evading them because they deem it detrimental to the case.

Remember to choose a qualified appellate attorney dedicated to appellate practice and maximize your chances of winning.

 

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How Long Does It Take For A Federal Criminal Appeal To Be Decided By The Court

How long does an appeal take? Recognizing that the appeal of a federal court case can take over a year is key to managing your legal situation. Staying patient and calm in the face of adversity is an essential first step in overcoming your legal challenges.

Every day a desperate person in considerably serious legal trouble scours the internet, searching terms like “how long does a criminal appeal take,” “how long does it take for an appeal,” “how long does an appeal take,” and other related items. Sometimes the desperate search for an answer and solution to your legal trouble can lead to more anxiety.

In most cases, the best thing you can do is better understand the federal legal system and protocol when dealing with an appeal. It’s easier to move forward and battle your legal situation armed with an efficient amount of knowledge about the system and laws you’re battling

How Long Does The Appeal Process Take

When people ask, “how long does an appeal take?” There is no definite answer. Most appeals end up becoming settled in a certain window of time. Generally, the process takes somewhere between 6 to 18 months.

The exact length of time is based on several variables. It’s possible to be more prepared by becoming proactive regarding your appeal. Accomplishing certain steps ahead of time could expedite your appeal process.

How Long Does an Appeal Take? The Process Broken Down

To get a more efficient answer to the question, “how long does an appeal take?” It helps to have a clear picture of the specific steps leading to the final court date.

• After your sentencing date, your lawyer needs to file a motion of appeal. This motion needs to be filed within ten days of your sentencing. The motion is just the act of letting the court know you plan to appeal.
• Once the courts are aware of your plan to appeal, your lawyer has thirty days to file the actual appeal.
• After the courts receive the appeal, a copy is forwarded to the prosecutor. The prosecutor has thirty days to file a written response to your appeal.
• After the appeal is received and the prosecutor’s response is logged and reviewed by the judge, the appeal date gets entered in the court calendar. How long does an appeal take from here? From this point, it can take three to four months before the case ends up on the docket.
• Once the judge has read the briefs of the case and heard oral deposition and argument from both sides, he may take as much time as he needs to decide the outcome of the appeal.

How long does an appeal take in federal court? Keep in mind that federal court cases and appeals can take 25 to 50% longer than court cases involved at the local or state level. It’s important to remain calm and patient while waiting for your appeal date.

The steps of the process may vary slightly, depending on what is being appealed. Your attorney will have to make an important decision on how to approach the appeal.

If your attorney believes that the entire outcome of the case can be overturned, then he or she may decide to appeal the verdict. Appealing the verdict means your lawyer is attempting to change the final decision and outcome of the trial.

With the proper evidence and briefs presented to the judge, it’s possible that your attorney can have the verdict overturned. An overturned verdict would mean a guilty verdict is changed to a not-guilty verdict. This change in the trial result would mean that the sentencing becomes irrelevant, and the sentence would also be overturned.

However, if your attorney believes that there is no possibility for the verdict to be overturned, they may appeal the sentence that was handed down. The sentence can be appealed for several reasons. Dynamics that could sway the sentencing include a defendant’s mental capacity, the circumstances of the case, and the defendant’s health condition.

For example, if a sentence of 20 years was handed down to an individual who is elderly with a terminal illness, this could lead to a lighter sentence on the appeal date. A judge may grant an early compassionate release of five, ten, or fifteen years depending on the mindset of the judge and recommendations from the prosecuting attorney.

How Long Does an Appeal Take with a Good Lawyer?

A good lawyer does not influence the amount of time your appeal will take. However, a good lawyer will file the correct deadlines on time and help prepare you for the process.

An efficient attorney should walk you through the entire process and ensure you understand each step as it happens. Doing this helps you remain present in the situation and prevents anxiety from being left in the dark

How Long Does an Appeal Take on the Day of Court?

Keep in mind that a court date for appeal is not the same as your trial date. Trial dates and other steps leading up to the trial can be substantially longer than the appeal. This is what the appeal process looks like in the courtroom.

• Your attorney doesn’t present evidence or examine and cross-examine witnesses like a trial.
•  Your attorney will write long legal briefs. These briefs are based on the reason the appeal was filed in the first place.
• Your lawyer’s best arguments are presented to the judge orally in a short hearing. Your lawyer’s argument will all be based on the grounds for appeal.

How Long Does an Appeal Take On the Right Grounds for Appeal?

The process will take the same amount of time regardless of how solid your lawyer’s grounds for appeal are. There are several main grounds for appeal your attorney could decide to use in your motion.

1.  Appeal Based on an Unfair Jury

Suppose your lawyer decides the jury was unfair for some reason. In that case, this could be grounds for an appeal and overturning of your case. Sometimes a jury is considered unfair if a conflict of interest between the defendant and someone on the jury panel. Race, sex, religion, and other issues can also play in an unfair jury situation.

2.  Appeal Based on Lack of Evidence

After your sentencing, if your lawyer can find an issue with the evidence, your case could be overturned. Any lack of evidence or proof the evidence was damaged or tampered with is grounds for an appeal.

3.  Appeal Based on New Laws/Sentencing Guidelines

Assuming laws have changed or there have been significant changes to sentencing guidelines, your lawyer can make a motion for appeal.

Waiting for your case to be heard in an appeal situation can be stressful and frightening. It’s important to stay grounded and trust your attorney.

A solid attorney will keep a high level of communication with you and always explain every step with a certain degree of honesty. When you can rely on all these factors, the appeals process becomes easier and less stressful.

If you don’t receive the outcome you were expecting in regards to your federal appeal, all hope is not lost. This could mean it’s time to take the next step and take your case to the Supreme Court.

Resources:

https://www.grgblaw.com/wisconsin-trial-lawyers/federal-criminal-appeal-how-long-does-process-take

https://www.spolinlaw.com/blog/2019/04/03/how-long-will-my-appeal-take/

https://www.ronaslamlaw.com/how-long-does-a-criminal-appeal-take/

https://federalcriminallawcenter.com/frequently-asked-questions/how-long-do-federal-appeals-take/

https://www.whitecollarcrimeresources.com/how-long-does-a-federal-criminal-appeal-take.html

https://www.grabellaw.com/how-long-does-a-federal-criminal-appeal-take.html

 

 

 

 

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What Is Appellate Law?

Appellate law is about undoing a less than favorable trial court outcome. However, an appeal is not a new trial because you cannot present new evidence or consider new witnesses.

Appellate lawyers scrutinize trial records and other documents, including trial transcripts and evidentiary materials. Then, they analyze relevant case laws to decide if it makes sense to appeal. Such decisions are based on errors in the trial procedure or an error in the interpretation of the law.

If there is a sufficient reason for the appeal, the appeal lawyer files a brief. The brief presents relevant arguments for the appeal and seeks an opportunity for the lawyer to argue those points.

What Is the Need for Appellate Law?

Appellate courts exist to review the decision of the lower court or the order of an administrative agency. Appeals determine if the court has applied the law correctly or if the judge has made a mistake. Appellate laws are set to correct these mistakes and give people access to a fair rule of law.

Similarly, sometimes one court’s ruling can affect a larger segment of society. In those cases, the higher court steps in to make a policy decision that the lower courts apply in future decisions.

What Is the Appellate Process?

The process begins by filing a notice of appeal. The appeal lawyer files a brief stating the client’s side of the facts and legal arguments. The party appealing is called appellant, and the party required to respond is the appellee. The appellee then files an answer brief giving reasons for opposing the brief. The appellant may then file a second brief, answering points raised in the reply brief.

Sometimes, a decision is made based on the written brief.  Other times, the appellate court allows an oral argument before coming to a decision.

What Are the Different Types of Appeal?

There are two types of appeals. Here is a quick look at both of them.

• Appeal as a Matter of Right

This type of appeal refers to a party’s right to appeal a trial court’s decision without needing approval from any court.

• Discretionary Appeal

This type refers to an appellate court’s discretion to decide whether an appeal is to be reviewed by the court.

What Are the Different Standards of Review?

There are three basic categories of decisions that can be appealed for review. They are questions of law, questions of fact, and questions of abuse of discretion. Additionally, findings of facts are reviewed for clear error.

Are you looking for federal appeal lawyers in Georgia? Call us at 888-233-8895 for a consultation about your case.

 

 

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4 Qualities to Look for in a Federal Appeal Lawyer

Appellate advocacy is the best way to undo an unfavorable judgment or preserve a hard-fought victory. But appellate advocacy requires specific skills that are different from those needed in a trial lawyer.

If you are looking for a federal appeal lawyer, here are a few qualities to consider.

1. Expertise

Appellate law is different. While a trial lawyer lays facts before the jury and judge, an appeal lawyer emphasizes legal errors in the trial records and presents them before the appellate judge. A trial lawyer’s talent lies in appealing to the jury, examining and cross-examining witnesses, and presenting the case. However, an appellate judge must decide on what’s presented to them in the brief.

Find an attorney who specializes exclusively in appellate advocacy.

2. Experience

An inexperienced appellate attorney won’t know what to look for when analyzing a trial record. A lawyer specializing in appellate advocacy understands the local rules related to deadlines and other specific requirements for appellate fillings. They know the relevant standard of appeal applicable to a case and have enough experience with procedural law. Good appellate attorneys also understand how to address issues important to appellate judges.

Choose an appeal lawyer who has experience in many areas of state and federal appeals.

3. Excellent Analytical Skills

A significant part of appellate law concerns analyzing and reviewing trial records to look for errors and using them when writing briefs. The lawyer must be good at understanding legal developments and exploring their implications on a current case. Explaining legal principles is an essential talent that’s useful for appellate litigation.

4. Objectivity

Appellate attorneys take an objective approach to their practice and are seldom driven by emotion. This objectivity allows them to bring a fresh perspective to the case and see the bigger picture during an appeal. Their logical thinking helps them make independent judgments about the merits and weaknesses of their client’s position. Their objectivity also makes them good at detailed-oriented tasks—an essential skill for appellate law.

Are you looking for a federal appeal lawyer? Call now to schedule a free consultation.

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Top 25 Questions to Ask Your Criminal Appeal Lawyer

Introduction

If you have to file a criminal appeal, you already know that you need to hire a criminal appeals lawyer. But how do you find the right one? With so many lawyers making many promises to you, it’s important to know which questions to ask a criminal defense appellate lawyer.

In this article, we’ll outline the most important questions to ask a criminal appeal attorney before hiring them. That way, you can be confident about your choice.

Questions to Ask Criminal Defense Appeal Attorney: The Financial Aspects

1. Do you offer an initial consultation free of charge?

Many lawyers offer a free consultation, during which you will have the opportunity to present the details of your case. After speaking with you and reviewing the details, they should be able to give you an idea of how they would handle the case and their fees.

2. What are the actual legal fees associated with my case?

Lawyers are expensive, which is why one of the first questions to ask a criminal defense appeal attorney involves money. What do they charge, and when? Also, don’t forget to ask what happens if your case goes to trial, as that can increase your costs exponentially.

3. Do you charge by the hour or do you have an inclusive fee?

Every lawyer is different when it comes to how they charge their clients. Some charge an hourly rate while others charge for specific services. Either way, you’ll typically need to pay some kind of retainer upfront.

You need to know everything you can about the financials, which is why these are great questions to ask a criminal appeal attorney before hiring them.

4. Do you offer payment plans?

Many people who are faced with criminal appeals have already spent a lot of money on legal fees. It doesn’t hurt to ask about payment plans as one of your questions to ask a criminal defense appellate attorney.

Questions to Ask Criminal Appeal Lawyer: The Attorney’s Experience

5. Does your practice focus mainly or exclusively on criminal law?

Many firms take cases for which they are not experts. Even if your particular attorney handles only criminal law or appeals, they won’t have the resources of an experienced team if it isn’t the firm’s main focus. That’s why these are crucial questions to ask a criminal appeal lawyer.  Be sure to inquire how many appeals they have handled so far as well.

6. What percentage of the practice is devoted to appellate criminal law?

A list of criminal defense appeal attorney questions must involve many about their past experience. This one helps you make sure that the attorney you hire has specific experience in what you need the most.

7. How long have you been practicing as a criminal defense appeal lawyer?

Keep in mind when including this as one of your questions to ask a criminal defense appellate lawyer: new isn’t always bad. Young lawyers who are freshly barred are often quite passionate and devoted. If they are relatively new to the area, just make sure they have appropriate resources for when they need assistance.

8. Are you certified by the state bar or supreme court as a criminal appeals lawyer?

Anyone practicing law has passed the bar exam; otherwise, they wouldn’t be able to do so legally. But this is still an essential question to ask a criminal defense appeal attorney because, once again, you want them to be an expert in your particular type of case.

9. Do you have specific experience with cases like mine?

If you’ve established that they are certified in criminal appeals, you still want to ask about specific cases like yours as one of your questions to ask criminal appeal lawyers. If they have, they should be able to give you specific examples from their experience.

10. How many appeals cases have you argued at the courthouse where mine will be held?

This is a critical question to ask a criminal defense appellate lawyer. It might not seem like it makes a difference, but if they’ve argued at the same place, they’re familiar with how the building works, the staff, and potentially the judges. All of this can make a difference.

11. Have you ever overturned a criminal or civil judgment?

Of all of the criminal defense appeal attorney questions to ask, this is one of the most important. It doesn’t matter how many cases your potential attorney has argued if they haven’t done so successfully.

You may also want to ask for details about the appeals cases they have won and lost. Including that as one of your questions to ask a criminal defense appeal attorney helps give you an idea of your chances.

12. How often do your cases go to trial?

Going to trial isn’t necessarily a bad thing, but you still want to have an idea of the likelihood of this happening to you, so be sure to include it as one of your questions to ask a criminal defense appellate lawyer.

13. To which professional organizations do you belong?

This isn’t an absolutely crucial element, but asking this as one of your questions to ask a criminal defense appeal attorney helps give you an idea of how active they are in their field and how passionate they are about their work.

14. Ask for writing samples.

This might seem like a more minor question to ask criminal appeal lawyers, but the writing of your brief and other legal documents has a bearing on the outcome of your case.

15. Where can I read actual reviews?

Not all attorneys have reviews, but true, accurate ones can be hard to find online. Some attorneys compile some form of them, so this is a good question to ask a criminal defense appellate lawyer.

16. What issues have you had with past clients?

A reputable lawyer should answer this question to ask a criminal defense appeal attorney honestly, giving an explanation for their past clients’ discontent with their work. That can give you an idea of what to expect from them.

17. Are you confident that you can handle this case?

For some people, it might be awkward to ask this good criminal defense appeal attorney question, but it’s still an essential one. They should be confident about an affirmative answer, and their tone of voice may tell you something as well.

 

In addition, consider asking: “Is this a job for more than just you?” as one of your questions to ask a criminal appeal lawyer.

Questions to Ask a Criminal Defense Appellate Lawyer: How Your Case Will Be Handled

18. Who will actually handle my case?

When compiling your questions to ask a criminal defense appellate lawyer, you should be aware that the lawyer you hire won’t be the only one working on your case, and you want to know who else it might be. Will it be you or will it be turned over to a case manager, junior lawyer, or another assistant?

19. Ask for an honest opinion on the outcome of your case.

When you present this question to ask a criminal defense appeal attorney, you likely won’t get a definite answer, but that’s a good sign. What you want to know is that the attorney can walk you through several possible outcomes and help you weigh your options.

20. What strategies and tactics will you use?

Whether you have an idea of how you want them to handle your case or not, this is still a crucial question to ask a criminal appeal attorney. You don’t want to be blindsided by tactics of which you don’t approve or with which you disagree.

21. How often will I hear from you?

Not hearing from your lawyer can be one of the most frustrating parts of an appeal, especially since the courts sometimes run slow. This fact makes this one of the most essential questions to ask a criminal appeal lawyer. Get an idea of how communicative they will be upfront.

22. Who will write the brief? Who will argue my case?

Right alongside who will handle your case, get more details about the most important aspects by asking this as one of your questions to ask a criminal defense appellate lawyer. Once again, you don’t want any surprises with the handling of these critically important parts of your case.

23. Is this more than just a job for you?

This is an honest question to ask a criminal defense appellate attorney, and it warrants an honest answer on their part. Reputable lawyers should never take a case they cannot handle. They may recommend outside resources or even recommend another firm.

Questions to Ask Yourself

24. Does this attorney make you feel confident?

A criminal appeal is stressful enough by itself; you don’t need to feel insecure about the decision to hire your lawyer and wonder all along if you made a good or bad choice. Do some serious soul-searching before signing anything binding.

25. How does this attorney treat you?

Equally important, you want to work with someone who treats you with dignity and respect, who listens to your needs and objectives, and who can engage you in meaningful communication. In short, you need someone who treats you like a human being who is deserving of all of those things.

Hire the Best by Asking Good Criminal Defense Appeal Attorney Questions

By starting with the above questions to ask a criminal defense appellate lawyer, you can be sure that you hire the best lawyer to handle your case.

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What Are the Causes of Wrongful Conviction?

Although we have a robust judicial system that aims to protect innocent people, wrongful convictions still happen for several reasons. Some people spend more than ten years in jail and only then get exonerated later. Someone who is wrongfully convicted may go through trauma that scars them for life. What leads to wrongful convictions? If a friend or relative has been wrongly convicted in criminal cases, hire an appeal lawyer to get justice.

Following are the possible causes of wrongful convictions across the USA.

Incompetent Defense Lawyers

When a defendant does not have the resources to hire an experienced lawyer, they may get an incompetent or overburdened lawyer who is ineffective in the case. Not properly preparing for the trial can jeopardize an innocent person’s freedom and life. In such instances, the best thing the defendant can do is get an appellate attorney. Experienced appellate attorneys may be able to help even those who have spent a few years in prison or are sentenced to the death penalty.

Unreliable Witnesses

Eyewitness error is the most common cause of wrongful convictions. According to research, an eyewitness cannot recall the exact events reliable like a tape or video recorder. It’s difficult for witnesses to preserve the memory without it getting contaminated. Of the convictions overturned by DNA testing, 72% of the cases had eyewitness errors.

False Confessions

Innocent defendants may make incriminating statements or plead guilty because of external influences. These confessions can sentence them to life in prison or the death penalty. Some people on trial may make a false confession because of a real or perceived threat from the police. Fear of a harsher punishment is also a reason someone may falsely confess.

Negligence and Misconduct of Officials

Some wrongful convictions are caused by negligence or honest mistakes by the prosecutors and law enforcement officials. Misconduct of the prosecutor or police department is another popular reason.

If you find errors in the proceedings in a trial court, you can appeal in an appellate court. Hiring an appellate lawyer is the best way to handle the case.

Error in Forensic Evidence

Apart from DNA testing, hair microscopy, firearm tool mark analysis, bite mark comparison, and shoe print comparisons may also be submitted as evidence. There are chances that this forensic evidence can be fabricated, putting the freedom or life of an innocent person in danger.

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Difference Between an Appeal and a Writ of Habeas Corpus

Introduction

When an individual has been convicted of a crime, there is often a plan within that individual’s legal team and support network to dispute the outcome of the case.

There are a couple of ways to dispute a conviction, which includes a direct appeal and a writ of habeas corpus. For individuals who are not experienced in criminal law, the difference between the two processes can be extremely confusing, and it can be difficult to determine which process to approach in a given case.

Let us examine several key pieces of information about both legal processes. In this article, we will cover what a direct appeal is, what a writ of habeas corpus is, how each process works, what each process covers, and the main differences between the two approaches.

This way, convicted individuals and their support networks can become better informed about their unique circumstances and which legal process they should take for the best possible result.

What is a Direct Appeal?

A direct appeal allows a convicted individual to be seen by an appellate court in order to try proving that the court that handled the case made a mistake during the proceedings. During an appeal, a person convicted of a crime and their legal representative tries to point out intentional or unintentional wrongdoing on the court’s behalf.

The end goal of a successful appeal is to be granted a new trial.

A direct appeal must involve issues within the trial records, meaning that only court reports or court documents can be included as part of the appeal. Additionally, only preserved issues can be appealed. This means that the defense attorney had to object or file a written complaint about the issue during the trial.

During an appeal, the convicted individual and their legal representative submit written briefs that clearly explain the issues discovered in the court records. The court will examine the briefs and the court records before approving or denying the appeal.

An individual can appeal a record even after pleading guilty to an offense, so long as the issue was presented prior to the plea, and the court allows that individual’s right to appeal.

How Does the Appeal Process Work?

To file an appeal, a convicted individual should first hire an appellate attorney, and then with that attorney’s assistance, file a Notice of Appeal. From there, the individual and his or her legal team will prepare their Record on Appeal, carefully scan through court records, and try to locate pieces of information that can be disputed.

The individual and his or her legal team will then prepare appeal briefs, which will be the key pieces of information that the panel of judges will consider when examining the appeal.

While oral arguments used to be a significant part of the appeals process, they’re typically not very common anymore. Most of the case is examined through written information.

What Can Happen After An Appeal?

After a convicted individual files an appeal and the appellate court examines the findings, one of several outcomes can occur.

• The convicted individual may be granted a new trial.
• The convicted individual may be granted a new sentencing hearing.
• The convicted individual may have their sentence affirmed.
• The conviction may be overturned.

What is a Writ?

In general, a writ of law is an order that’s written and issued by a body with legal jurisdiction, usually a court. These documents typically command a party to take a certain action or abstain from a certain action.

A Writ of Habeas Corpus following a conviction is a court order that demands an imprisoned individual be delivered to the court, as well as confirming a valid reason for having the imprisoned person in custody. During this procedure, incarcerated individuals and their legal representatives are able to dispute the legality of the person’s confinement and present new information to the court.

Writs of Habeas Corpus are filed when a conviction is deemed final, and are often filed as a last resort once appeals have been exhausted, or when a direct appeal is not available.

These documents can be used to call for an examination of case facts, witness statements, attorney affadivits, and many more pieces of information that go beyond standard court records.

Legal Writ Types

While a Writ of Habeas Corpus is one of the most common writs used in the court system, there are several other writs that are used in a variety of legal cases. For example, Writs of Certiorari and Writs of Mandamus.

• Writ of Certiorari is a writ that orders a court to provide records from a case so that a higher court can review the facts. Like Habeas Corpus, these writs can be used when appeals have failed.
• Writ of Mandamus is an order from a higher court that requires a public official to act within the powers of their position, such as performing actions that they’re legally required to perform.
• Writ of Quo Warranto demands that an official named within the writ explains how and why they’re authorized to exercise an action or claim a certain power.
• Writ of Prohibition is a legal demand for a subordinate or lower tribunal to cease performing an action it does not have authority to perform.

These writs are the most commonly used documents when it comes to a convicted individual disputing their conviction, however, these writs are often referred to by other titles in addition to their official name.

A writ like those mentioned above may also be referred to as a writ of appeals, writ petition, a habeas corpus appeal, or a writ of certification.

How Does Habeas Corpus Work?

A habeas appeal works by requesting that a court looks into the facts surrounding an individual’s imprisonment in order to determine whether he or she is behing held illegally or put on probation or parole illegally.

An individual who would like to utilize a writ of habeas corpus must first file a petition that is signed by either the individual himself/herself, or someone acting on that person’s behalf. If the court finds that individual is within that court’s jurisdiction, the petition will be examined.

Should the court decide upon examination of the facts and/or new evidence that the individual is being held illegally, the court can order the release of the individual or another solution to be reached (though release is usually the goal).

Unlike standard criminal proceedings, the habeas corpus process places the burden of proof on the petitioner rather than the court.

Additionally, there are two types of habeas corpus processes, state level and federal level. The federal habeas corpus laws offer a prisoner a way to seek federal help to determine whether his or her conviction is constitutional, but this is done after the convicted individual has presented his or her case to courts at a state level.

What Are the Key Differences?

Though a Writ of Habeas Corpus and a direct appeal are both used to help convicted individuals protect themselves from legal flaws, there are a few key differences between the two.

For one, appeals are intended to correct errors that were made during an individual’s trial within the confines of court records.

A Writ of Habeas Corpus can also be used to point out court errors, but can cover information beyond the court records, including new evidence that the court has not yet seen.

Direct appeals involve deadlines throughout the steps of the process (usually 30-days for each) while the writ system does not usually require any deadlines.

A direct appeal is filed through appellate court, while the habeas corpus process is filed and managed through the court of conviction.

Direct appeals are usually the first step toward disputing the outcome of a criminal case, and a convicted individual may have the right to appeal their conviction more than once.

On the other hand, a writ of habeas corpus is often seen as a last resort to dispute the legality of the individual’s conviction and subsequent incarceration. These measures are usually taken when immediate relief is needed (such as in cases of illegal imprisonment), or the individual is not given the right to appeal a decision of the court.

Conclusion

Disputing a conviction can be a challenging, demanding process, so it’s necessary when appealing an outcome or utilizing a writ of habeas corpus to work with an experienced legal professional. By ensuring that you or a convicted loved one are protected with legal representation, you’re more likely to proceed correctly and achieve relative success at the end of the process.

Let Brownstone Law provide you with professional legal counsel during your appeal. Our attorneys have decades of experience when it comes to navigating the complexities of appellate court, and as such, we can represent you throughout the entire process. We welcome you to contact us online, or at the phone number corresponding with your state listed at the tip of the page.

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What to Consider When Hiring an Appellate Attorney

After you lose a civil or criminal case in a trial court, you are entitled to appeal the judgment in the appellate court. You can use the same lawyer who presented your case in the trial court or hire an appeal lawyer. Consider that the appellate procedure is different from the trial court proceedings. It is often beneficial to hire an appeal attorney to bring a fresh perspective to the case. Furthermore, it will increase the chances of winning an appeal.

If you are wondering how to hire the best appellate attorney for your case, read the following guide.

Hire a Specialist Who Handles Only Appellate Litigation

You may have hired an excellent lawyer to handle your case in the trial court. However, appellate litigation requires an appeal attorney who knows the appellate process very well and has a primary practice in appellate court. In some cases, petitioners hire appellate attorneys and trial lawyers, creating a team to get the best chance in an appeal.

Should You Select an Appellate Attorney from a Different Firm?

Most law firms will have a set of trial attorneys and appellate attorneys. You can choose the trial lawyer’s colleague as the appellate lawyer for your case, but it could bring unnecessary trouble to the team. If the appeal lawyer has any personal conflict with your trial lawyer, it can become detrimental to the case. It’s beneficial to choose an appeal lawyer from another law firm who can bring a different perspective to your case.

Review the Appeal Lawyer’s Qualification

Selecting an appeal lawyer based solely on reputation is not an effective way to choose one. A lawyer who is good on paper may not satisfy your expectations and requirements. It’s essential to meet the person and understand their prior experience in handling appellate litigations. You should also find out if the appeal lawyer is willing to work with the trial lawyer on the case as a team to increase the chances of winning. The right appellate lawyer can help you shape the strategy for your appeal and help you through the entire process.

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3 Elements That Make a Good Appellate Brief

An appellate brief is your best chance to argue why the reviewing court should reverse or affirm a lower court’s judgment. Most appeals are decided without an oral argument. Even in instances where there is an oral argument, judges believe that briefs have been far more critical in the decision-making process.

An experienced appeal lawyer understands the importance of a good brief and has the experience to address the needs of each case. Having prepared countless appellate briefs over the years, here are a few things that we consider very important.

1.Present the Most Relevant Information First

It is customary to begin a brief with the events that led to the controversy and a short description of the proceedings. However, creatively packaging your arguments can help clinch the deal.

For example, the Supreme Court was asked to consider the interpretation of two complex, interrelated statutes: one involving regulation by the FDA and the other concerning patent law. The winning brief opened its argument with a four-page description of the statutory scheme. Not one sentence of this description was disputable or argumentative. The passage also gave the Supreme Court the framework to understand the complete brief, including the statement of facts and the conclusion.

2.Don’t Argue Facts

Unless it is necessary, experienced appeal attorneys stay away from disputing facts. Instead, they attack the issue of law. It is the job of the lower court to evaluate evidence and make an informed decision about facts. Appellate courts prefer to stick to the factual findings decided in the lower court.

3.Understand the Standard of Review

The Standard of Review provides criteria upon which the case will be heard. The appellate court will decide a case based on the standard of review, so briefs must always be drafted based on the Standard of Review.

But the most important thing that every appeal attorney must do is review and edit the brief several times to look for mistakes, including removing unnecessary words, jargon, and adjectives.

Are you looking for federal appeals attorneys? Visit us today to schedule a free appointment!

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Understanding the Appeals Process

A judgment against you in a trial court doesn’t have to be the end of the road. An appeal can be challenged against a judgment, decree, or order before a superior court. But the appeal must pass through several steps. Here, we discuss the major steps for the appeals process.

Hiring an Appellate Attorney

Not all judgments are worth appealing. Too many litigants make the mistake of filing an appeal before hiring an appeal lawyer. Sometimes, you should wait before appealing, or you will lose your best chance of reversing the initial judgment.

A trial lawyer may not be the best person to manage your appeal. Being unfamiliar with the appellate process, the trial lawyer may not know the best ways to secure your appellate rights.

Also, some errors of judgments must be appealed through a motion of rehearing so that there’s a chance for the trial court to rule on the argument. If you do not bring up the issue during the motion of rehearing, you might lose the opportunity to appeal. But a motion of rehearing could extend the time it takes to file an appeal. A good appeal lawyer knows which motion is appropriate for your situation.

Filing the Notice of Appeal

Filing a notice of appeal may seem simple and straightforward. However, without the expertise of a knowledgeable appeal lawyer, you could end up risking your chances of winning. They have a solid understanding of what makes a case appealable. An experienced appeal lawyer understands the difference between a summary judgment, a final order of summary judgment, and an order granting summary judgment.

Record of Appeal

An appellate lawyer takes care when reviewing the judgment docket and the appealed order. The attorney then sits with the trial court clerk to check what needs to be included in the record. Sometimes, the trial court clerks could miss important documents in the standard filings or leave out the required filings altogether. Appeal lawyers ensure that the transcripts of relevant hearings are included because, in some cases, a lack of transcript could prevent appellate review.

Writing the Appeal

Writing an appellate brief isn’t easy. The lawyer must understand that not all errors are created equal, and some could work in your favor while others don’t matter much. The lawyer needs to choose errors that have the potential to change the outcome of the case. An appellate attorney can review your judgment to know what to appeal. The brief must be well-researched, persuasive, and concise.

Oral Argument

During an oral argument, the appellate judge can ask questions they may have about the case. They could seek clarity on the facts of the case, any case laws that have been cited, or public policy issues that have been raised. A good appeal lawyer does not evade the judge’s questions but answers them directly and honestly.

Are you looking for experienced appellate attorneys? Call 888-233-8895 to discuss your appellate case.

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How Often Are Appeals Successful?

When a defendant is found guilty, he or she can sometimes appeal the decision in appellate court. Though an appeal is not the same as another trial, nor does it have to result in another trial, it can be pursued to point out possible errors made during the first trial.

An appeal simply asks for another examination of certain information that was already used in the case.

In some instances, courts approve the appeal and the case may return to court for a second trial. In other cases, a court approves the appeal and as a result, the conviction is reversed or the sentence is changed.

Even still, in other situations, an appeal is not successful and the court upholds the original conviction and sentencing.

The question, “how often are appeals successful,” will be examined and answered later in this article.

What Does (and Doesn’t) an Appeal Do?

Before explaining the purpose and capabilities of an appeal, let us first determine who can and cannot file an appeal.

A defendant in a civil or criminal case has the right to appeal a guilty verdict. The government, however, does not have the right to appeal a defendant’s “not guilty” verdict. The government or plaintiff side of the criminal case may appeal the sentence imposed after a guilty verdict has been handed down.

That said, an appeal does not automatically throw out a verdict or change a determined sentence. Instead, an appeal reviews the way the court has applied the law in the case. Because it is not automatically a new trial, there is no jury, no witnesses, or new forms of evidence. The court simply examines the facts as they were presented, and determines whether those facts go against the evidence taken into account.

Once an appeal is complete, the result is most often final. That is unless the case goes back to court for another trial or the parties ask a higher court to review the case.

For What Reason Can a Defendant Appeal?

Appeal grounds may vary depending on which state the case is held in, but there are several common reasons a defendant can cite in order to appeal their case’s ruling.

• The facts and evidence go against the judge’s decision.
  Usually, a ruling is based on the evidence and facts established during the trial. If a judge does not rule based on facts and good reason, it may present a good cause for an appeal.
• The judge has abused power.
  If a judge acts in a way that is beyond the court’s discretion and this action affects the judge’s ruling, it may be grounds for an appeal. For example, if a judge “weighs” one piece of evidence over another, and that weight is questionable, a defendant may be able to appeal the possible abuse of discretion.
• The judge has committed a legal error.
  It’s possible for judges to make mistakes. If a judge applies the wrong legal standard to a case, such as using legal requirements for the wrong state, the defendant likely has a good reason to appeal the court’s decision.

Of course, there may be other factors to consider when determining whether a defendant has a good reason to appeal a case, but the above-mentioned reasons are the ones called into question most often.

How Often Are Appeals Successful?

The short answer to, “how often are appeals successful,” is typically, “not often.”

Most of the time, appeals are a long shot, meaning that they do not often end in favor of the party calling for the appeal.

It’s difficult to put a number on how many appeals are successful, but many court professionals estimate that fewer than one appeal out of 10 ends in favor of the appealing party.

When questioning, “how often are appeals successful,” it’s important to consider a few things about the nature of civil and criminal appeals.

Usually, appeals do not present enough information to change the outcome of the case, meaning that the appealing party fails to sufficiently point out any wrongdoing on the court’s behalf.

It can be generally assumed that courts and legal professionals conduct cases in a manner that complies with state and federal requirements.

Therefore it is difficult to prove that the judge abused power, made a mistake, or went against evidence. Most of the time, he or she complied with the law to the fullest possible extent.

It should be noted when considering how often are appeals successful, it isn’t impossible to have a successful appeal. For individuals who are facing a significant sentence, it may very well be worth re-examining the facts and evidence.

When asking yourself, “how often are criminal appeals successful,” it’s good to follow up with, “how often do appeals qualify for approval?”

Some instances that result in a successful appeal include:

• Misconduct from jurors
• Poor jury instruction
• Improper admission of evidence
• Lack of evidence to support the ruling
• Receiving poor legal counsel

If you’re wondering, “how often are appeals successful,” because you’re concerned about your own case, it’s important to work with your legal counsel carefully to ensure that you’re presenting viable evidence.

The court’s purpose during the appeal process is to determine whether errors were made during the trial, so it is in an appellant’s (the party filing the appeal) best interest to thoroughly present the information being questioned.

What Does a Successful Appeal Look Like?

In addition to asking, “how often are appeals successful,” you may want to ask yourself, “how often are planning appeals successful?”

Most of the time, during the planning process, a defendant’s team finds that they do not have a viable reason to file an appeal, so it’s crucial to plan for success.

For your best chance of success, make sure that the following conditions are met.

1. You have reliable counsel representing you (one who understands and has experience in appeals).
2. Your attorney fully reviews the Record on Appeal (the more thorough the review, the more likely it is that valid evidence will be located).
3. Your attorney prepares and files an appeal brief.
4. Your attorney provides a convincing oral argument that clearly lists errors that were made during the duration of your case.

Appealing your conviction and sentence before a court and hearing your attorney’s answer to, “how often are court appeals successful,” may make you feel nervous and discouraged.

However, if a mistake has been made, an experienced appellate attorney will find it and present it to the court to the best of his or her ability.

If you have a good reason for your appeal, you are very likely to be a part of the small percentage of successful cases. This is not to say that you’re guaranteed to get a new trial or changed sentence, but a successful appeal opens the door to those possibilities.

For more thorough, accurate, and informative answers to the question, “how often are appeals successful,” it’s in your best interest to speak one-on-one with an experienced appellate attorney.

By carefully going over your case, a professional can help you determine whether you have a viable reason to file an appeal, as well as the likelihood of succeeding during the process.

It’s always best to work with an attorney who understands the appeal process and knows how to present oral arguments during an appeal.

The appeal process is often a misunderstood and complicated road for a defendant to venture down. The most important steps to take is ensuring you’ve got an experienced appellate attorney who’s well aware of the reasons for appeal approval and can present your case in a straightforward manner.

SOURCES

https://www.justice.gov/usao/justice-101/appeal

https://www.womenslaw.org/laws/preparing-court-yourself/after-decision-issued/file-appeal/grounds-appeal/what-are-typical

https://www.uscourts.gov/about-federal-courts/types-cases/appeals

https://www.justia.com/criminal/procedure/criminal-appeals/#:~:text=Potential%20grounds%20for%20appeal%20in,to%20support%20a%20guilty%20verdict.

https://theappellatelawfirm.com/blog/steps-in-a-successful-appeal/

https://www.lawfirms.com/resources/lawsuits-and-disputes/appeals/winning-appeal.htm

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Reasons to Hire an Appellate Lawyer

An appeal is a request to a higher court to review the lower court’s decision. While you cannot add new evidence this time, an experienced appeal lawyer can analyze the judgment for trial court errors. Then they can present them in their brief. Appellate lawyers bring a fresh perspective to the case by searching the trial record for any issues or errors. They see the information that trial attorneys may have failed to analyze. An appellate lawyer, well-versed in the appellate procedure rules, walks through various steps before presenting an appeal to the court. Based on the written briefs, the appeals court decides whether to affirm or reverse the lower court’s decision. Here are a few reasons to hire appellate attorneys and get the favorable outcome you deserve.

• Appellate lawyers are experts at identifying trial court errors. Not being a part of the trial court argument gives them a chance to be impartial when deciding what to appeal and what to discard. This is very important because adding too many issues to your briefing dilutes the argument and even can negatively sway the appellate jurists.
• Just as appellate lawyers and trial lawyers approach a case differently, trial and appellate judges also confront issues differently. For example, a trial judge is laser-focused on facts. However, appellate jurists rely on the brief to understand a case. For appellate judges, implementing the standard of review is extremely important. They also have to ensure that their judgment does not set a precedent and create confusion at the trial level. Nobody understands an appellate judge’s mindset better than an appeal lawyer.
• An appellate procedure involves following several procedural regulations. Not following them could put your client in a precarious situation. Appellate law also consists of knowing the best arguments and writing briefs to present them before the judges. Having a specialized appeal attorney by your side can help to navigate the procedure easily.
• An appellate lawyer has the required skills to isolate issues from the trial court record and make persuasive arguments. It doesn’t mean that an appellate lawyer will always win. However, a practitioner with a good reputation will capture the sincere interest of the court.

If you want to appeal to the appellate court, contact appellate lawyers from Brownstone Law Firm. Give us a call at 888-233-8895 to discuss your appellate case.

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