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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