Everything You Wanted to Know About Appealing a Case

If you’re not happy with the judge’s order or decision in a court trial regarding a criminal or civil case, you can, in most cases, request an appeal in an appeals court. There can be several grounds for appeal. For instance, you may appeal a case citing an error of law in prior proceedings. Such errors could be related to misinterpreting a legal precedent or using evidence that should not have been included. You could also make an appeal claiming procedural matters weren’t followed correctly, compromising the fairness of a trial. If you are planning to appeal a civil or criminal court judgment, here’s everything you need to know:

1. What Are the Various Grounds for Appeal?

Appellate attorneys can appeal if the judge has not followed the proper procedure of law like instructing the jury, handing testimony of the witness, or other mishandled procedures. Appeals can also be made if the judge has misinterpreted a hear-say rule or included testimony that should have been excluded during the trial. Sometimes, the judge may have misapplied a principle of law or applied a statute that does not apply.

For example, a criminal appeals lawyer may hire a forensics expert to make sure blood samples, DNA samples, hair samples, and other pieces of evidence were not mishandled. In a civil appeal, the appeals lawyer may hire financial experts and even handwriting specialists to check if any information earlier submitted during the trial contradicts any statements.

2. What Is an Appellate Brief?

An appellate brief is a statement made by the appeals attorney arguing that the decision in the trial court was incorrect. Naturally, the party who won the case in the trial court will defend the judge’s decision.

3. How Does the Appeal Attorney Determine the Decision in the Trial Court Was Wrong?

Appeals attorneys refer to the record, i.e., elaborate documentation of the proceedings that took place during the trial. This includes pleadings, the pre-trial motion, exhibits that were put up as evidence, a transcript of the court proceedings, post-trial motion, and other relevant information.

4. Why Should You Choose Experienced Appellate Attorneys?

An experienced appeal lawyer understands that the success of an appeal largely depends on thoroughly scrutinizing the record to get critical evidence. Appeal procedures are complex and require expertise when filing and arguing appeals. Penny pinching isn’t advisable when looking for an appeals lawyer. A successful appeal often depends on writing an excellent brief, so choose a lawyer with a reputation for excellent oral skills and who understands the various cases related to your appeal.

source https://www.brownstonelaw.com/blog/everything-you-wanted-to-know-about-appealing-a-case-2/