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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from The Candid Review, Appeal Lawyers & Blog https://www.brownstonelaw.com/blog/top-5-tips-for-remote-appellate-arguments-during-covid-19/
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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.

The post Blog first appeared on .

from The Candid Review, Appeal Lawyers & Blog https://www.brownstonelaw.com/blog/what-are-the-common-grounds-for-criminal-appeals/
via https://www.brownstonelaw.com