Appeals

Appellate courts have completely different policy requirements and procedure rules than those in the trial courts. There are important time limitations that must be complied with or a person may lose their right to appeal their case. Many attorneys are not familiar with the procedures of the appellate practice. Therefore, it is important to consult with and hire an attorney who is experienced in the practice of appellate law, brief writing, and oral argument.

What does an Appeals Lawyer in California do?

Every appeal starts with the filing of the Notice of Appeal. This filing puts both the trial court and the appellate court on notice that one of the parties intends to appeal the lower court’s decision. The appeals lawyers spend a great amount of time reviewing all the transcripts and legal issues from the trial level. Some things they look for are:

• The trial judge may have unfairly excluded evidence
• Either lawyer may have said or did something inappropriate affecting the outcome of the trial
• Improper jury instructions
• Unconstitutionality of a law

Presents the Case for Appeal

An enormous amount of time and effort is spent on preparing the most persuasive appellate brief possible to support the appellant’s position. The appellate brief is a lengthy document that

• Challenges the errors or findings of the lower court
• Presents the client’s position
• Lists all the material facts
• Refers the judge(s) to the applicable law supporting their dispute

Oral Argument

Oral argument entails arguing the points contained in the appellate brief to a panel of judges. The judges may ask the attorney questions about the arguments made in the brief. The oral argument is the last opportunity to persuade the judges prior to their decision.

The Appeals Court Renders a Decision

After the oral arguments, the Appellate Division of the Superior Court or the Court of Appeal issues and files the written decision. If the court grants the appeal, the service of the appellate attorney could be over. However, if the court remands the case for another trial, the appeals attorney may stay on to represent the client during the retrial.

The appeals attorney will initiate the process through filing the Petition for Rehearing or the Petition for Review in the Supreme Court. This is usually called as the “writ of certiorari”. The rules and timelines governing such petitions are quite rigid and technical.

The Law Men, a California law firm with their combined experiences in the field of criminal defense will focus on the client’s concerns while observing protocols and proper application of the law that governs them.