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.
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From giving proper advice to employers on how they should respond once an employee tests positive for coronavirus to helping them counselling employees afraid of contracting it through the workplace. Top appellate lawyers work around the clock in order to help clients navigate the unexplored legal waters that are sparked by the swiftly spreading COVID-19. Some law firms have designed multidisciplinary task forces so as to assist clients, both domestic as well as international, to tackle the myriad of challenges posted due to this pandemic.
These top appellate lawyers alongside firms are helping all others while grappling with the substantial effects of coronavirus on their day to day operations, for instance, the need to close their offices and employees working remotely. Numerous companies have also embraced the pandemic’s long term economic effects that could lead to a boost in the demand for legal services while at the same time depressing the market for all others.
Lending a Helping Hand to Employers
There are several employers who have inquired regarding how they should treat those employees who have tested positive for COVID-19. Our top appellate lawyers recommend that employers make sure they are taking all the necessary precautions and actions when it comes to determining which employees must be required or requested to self-quarantine. If an employer decides that any employee cannot enter the workplace, the employer must ensure that he/she remains in compliance with all the other laws that might come into play, for instance, the federal Family and Medical Leave Act.
The FMLA, for instance, requires employers with more than fifty employees within seventy-five miles of the business’s worksite in order to provide employees with a job protected, unpaid leaves for specific medical and familial reasons. Employees who take the FMLA leaves are allowed to receive the same health coverage from their employers just as they were before taking the leaves.
Your employer plan should include the following:
GUIDANCE FOR EMPLOYEES AND HEALTH CARE INSTITUTIONS
Some of the Top appellate lawyers representing employees state that they too have been fielding a solid stream of queries regarding the implications of COVID-19, in particular relating to the safety of their workplaces. It is advised the employees who are worried about the symptoms they are experiencing should request their employers to provide reasonable accommodations as per the law.
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The world has been reshaped by the 2019 coronavirus, and numerous industries will undergo a transformation. Once the dust settles down, the legal landscape is going to look extremely different.
How Has COVID-19 Affected the Legal System At Large
Coronavirus’s influence on the practice of law is felt the most inside the courtroom. There are lesser cases overall, with all the hearings being postponed, dispositions cancelled or postponed, and the deadlines extended. The insistence that mostly drives the legal industry has been mostly removed. Therefore, there is a need for people to hire attorneys on a short term basis. These delays, along with slow-downs, pose a potential threat to the appeal lawyers’ income.
The cash flow has slowed down, and all the finances are in an upheaval. There are numerous people who require access to additional funds which includes endowments, structured expense plans, and investments, to name a few. Under such circumstances appeal lawyers who help out their clients with these financial activities must prepare to act quickly.
How Will COVID-19 Affect Court Appearances and Clients
There is a level of difficulty faced by firms due to coronavirus as they switch to working remotely. This difficulty is going to depend on two factors:
There are numerous cases which have been cancelled or postponed, and some courthouses have been completely shut off. Essential activities, for instance, criminal bond hearings and child custody are still taking place. Nonessential court cases, for example, personal injury and evictions have been put on hold. Consequently, law firms are going to find older clients who require increased face to face interactions. COVID-19 also adds an extra layer of urgency as your clients might face extremely difficult decisions in the face of adversary. For all employment lawyers, clients who have been laid-off are going to require instant assistance as they begin to navigate unemployment and various other challenges.
How Is COVID-19 Going To Affect Law Firms
Business owners are most likely to ramp up efforts in expectation of defaults, forbearances, plus alterations to short term compensation plans. As per our appeal lawyers, we can expect to see an uptick in a non-compete lawsuit. COVID-19 is going to bring an increased number of clients to law firms. The recession in the year 2008 triggered the launch of new businesses. There is a whole host of new startups just waiting to emerge as a consequence of COVID-19. Attorneys are going to be in high demand in order to help businesses develop as well as evolve.
Between March 15th and 21st 2020, more than 3.3 million people have filed for unemployment. This is 1% of the country’s population. As these individuals head back to the workforce, they will have to readjust their goals accordingly. Some of these jobs will never return and will not be altered. This is going to provoke some individuals to explore other career options.
All new business owners are going to seek help from lawyers to help them legally protect their business. Lawyers are going to be tasked with helping startup owners make all the correct decisions regarding their tax status and deciding which entity to create, for instance, sole proprietorship or a limited liability corporation. Your clients will require help with their operations and membership agreements throughout the COVID-19 pandemic.
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Finding an appeals attorney can be a complicated task and would require you to consider a plethora of factors before making a decision. An attorney is someone who represents you in the court of law, which is why it is imperative to make an informed decision, especially when it comes down to an appeal attorney. Why the increased focus on appellate attorneys you might ask? Well, firstly, appellate attorneys represent cases that are generally not in the plaintiffs’ favor, which is why it requires an even greater consideration before choosing your appeal attorney. If you are wondering how to choose your appeals attorney, here are seven tips to help you make an informed decision:
Well, obviously, the first factor you need to consider is whether your attorney has a license. Even if they have one, you should also confirm if they are allowed to represent your case in the court of law. Signing up with an attorney and finding later that your case cannot be represented will only cause unnecessary delays in your appeal procedure.
One of the most important traits an attorney needs to possess is effective communication skills. The attorney needs to explain the judge why your case needs favor. A piece of advice, always have a word with your attorney in detail. If he/she is unable to convince you, chances are they might not be able to convince the judge and the jury.
Historical information about various practices and cases represented in the court of law will certainly help you understand your attorney’s background. An attorney with many cases on their career will definitely have a better exposure and understanding about how courts work. It also gives you the ability to reflect on their success rate to determine their capacity and ability to represent cases effectively.
For someone who represents your case in the court of law, you surely need to develop some sort of trust. You need to unfold a lot of information to your attorney and often, the information is personal. If your attorney is not trustworthy, it might result in an embarrassing situation. A piece of advice: seek for reviews from the market or trust your gut feeling about the attorney. If you feel that the attorney is not a trustworthy individual, chances are you are right.
Specialization is one critical factor when it comes to representing the case effectively and increasing the chances of winning. For example, if you have filed for a personal injury claim, but hire an attorney specialized in real estate cases, chances are that the attorney will not be able to represent your case as effectively.
Before you decide to proceed with an attorney, ensure that they understand your case. You need to be clear about what your expectations are and what the attorney needs to push for. Do not leave it at the discretion of the attorney or assume they understand. Ask for their opinion and views explicitly. Since you are paying for the services, you have all the right to demand if they understand what they are representing. If you feel, your attorney is not competent enough to understand the objective of the case, it is best to look for another one.
The judicial system has different fee structure that you may be unaware and usually the attorney needs to inform you about the various legal fees you need to cover. However, it is better to be transparent about the fees right from the start to avoid blowing your budget mid-trials.
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The judicial system is tricky and complicated. Each category of judicial system has differing laws and practices according to the misdemeanor, claim, the state, and various other factors. Since there are several rules and regulations that need to be considered when presenting a case, it can often become difficult to determine the course of the judicial system. For example, the judicial system is different for handling juvenile cases compared to adult criminal appeals. Similarly, the judicial system works differently for eviction cases than personal injury claims. One of the trickiest encounters you can face in the judicial system is when your case is rejected and you need to represent yourself with an appeal. Now you might think that you can simple search for the top appellate lawyers or criminal appeals lawyers to increase your chances of success. However, here are a few things you need to know about judicial system and how criminal appeals work.
The Judicial System For appeals
When a court hands out its ruling, you are allowed to defend your case in a higher court and refute the ruling placed against you. It does not matter whether you were the plaintiff of the defendant. As long as the ruling was not in your favor, you are free to appeal against it in a higher court. Frist, the higher jurisdiction court will either accept or deny the appeal, which means chances are that your appeal will not be heard. Therefore, it is imperative that you hire from the top appellate lawyers available to make your appeal worthy and acceptable.
How do you make the criminal appeals worthy?
Well, according to law, if you are wrongfully convicted of a crime you did not commit, you need to challenge the ruling in a higher court of law. However, criminal appeals need to point out an error made by the jury or the judge. That means, that your criminal appeals lawyer needs to examine the ruling made by the court and identify a fault in the verdict based on the guidelines provided in the law. The appeal needs to be descriptive and clear to be accepted in the higher court.
What Happens once my appeal is accepted?
Once criminal appealsare accepted in a higher court, the criminal appeals lawyer will seek a standing order to halt the verdict or the penalty imposed by the previous court. However, this process needs to be quick and effective to ensure the plaintiff does not face any severe consequences due to a delay in the process.
Hiring one of the top appellate lawyers gives you an edge as they have the necessary exposure and experience in the field. It may be a tad more expensive to hire one of the top appellate lawyers compared to other criminal appeal lawyers with less exposure and experience. However, when it comes to criminal appeals, you better not take your chances on your case and hire the best talent available to speed up the process.
via Blog https://www.brownstonelaw.com/how-the-judicial-system-works-in-an-appeal-process/
Eleventh Circuit Appeal of Plea Agreement Rule 11
In 2011, a grand jury sitting in the Middle District of Florida returned a thirty-eight-count indictment, charging Copeland with eleven counts of mail fraud violating 18 U.S.C. § 1341, (Counts One through Eleven), sixteen counts of wire fraud in violation of 18 U.S.C. § 1343 (Counts Twelve through Twenty-Seven), nine counts of aggravated identity theft in violation of 18 U.S.C. § 1028A (Counts Twenty-Eight through Thirty-Six), and two counts of making false claims against the United States in violation of 18 U.S.C. § 287 (Counts Thirty-Seven and Thirty-Eight). Read Mr. Copeland’s Petition: Copeland Brief.
Criminal Plea Agreements in Federal Courts
Copeland entered into a written plea agreement with the Government. Id. Per the plea agreement, Copeland would plead guilty to Counts Twenty-Seven, Thirty-Six, and Thirty-Seven of the indictment. Id. at 3a. Subsequently, the Government would dismiss the remaining counts in the indictment. Id. Importantly, the Government stated that Copeland should receive a downward departure and a reduced sentence under U.S.S.G. § 3E1.1 for acceptance of responsibility. Id. Given this notion, Copeland believed it was in his best interest to agree to enter a guilty plea. Id.
Sentencing Hearings in Federal Criminal Cases
On June 18, 2012, Copeland was sentenced to a total of 264 months imprisonment. App. 3a. Importantly, the PSI findings, which were ultimately adopted by the trial the judge, included two pre-indictment incidents. Carlos Dawson was a witness for the Petitioner at sentencing, however, he was prevented from offering mitigating evidence on behalf of the Petitioner. App. 36c. Both of these led to the PSI, including a U.S.S.G. § 3C1.1 enhancement for obstruction of justice. Id. Moreover, the PSI did not include the U.S.S.G. § 3E1.1 adjustment as promised by the Government. Id. The PSI stated that this § 3E1.1 adjustment was not initially included because Copeland did not truthfully admit all of his conduct nor did he voluntarily assist authorities in the investigation of the crimes charged. Id. at 37c.
Soon thereafter, Copeland appealed the sentence to the Eleventh Circuit Court of Appeals stating that the Government breached the terms of the plea agreement by failing to recommend a three-level guideline reduction under U.S.S.G. § 3E1.1. Id. United States v. Copeland, 520 F. App’x. 822, 823 (11th Cir. 2013). The Eleventh Circuit agreed and remanded the case for resentencing before a different judge. App. 3a; United States v. Copeland, 520 F. App’x. at 828.
Remand and Resentencing
Prior to the resentencing hearing, the Probation office revised the Presentence Investigation Report. App. 3a. Once again, the § 3C1.1 adjustment due to pre-indictment incidents. App. 4a. However, the promised § 3E1.1 downward adjustment for acceptance of responsibility was applied, which resulted in a 235-293 sentencing range. Id. Ultimately, the court varied down to a total term of imprisonment of 204 months. Id. Copeland appealed his sentence once more to the Eleventh Circuit Court of Appeals, arguing that the court erred by applying the 3C1.1 enhance for obstruction of justice stemming from pre-indictment incidents. App. 5a.
On March 19, 2015, the Court of Appeals dismissed Copeland’s appeal stating that:
Because Copeland did not challenge the district court’s initial decision to apply the enhancement when the opportunity existed in his first appeal, that decision is law of the case, and Copeland is deemed to have waived his right to challenge the enhancement on resentencing and in this appeal (Cites omitted).
Copeland’s Habeas Corpus Petition under § 2255.
On June 7, 2016, Copeland, pro se, filed a petition for habeas corpus relief under § 2255. App 35c. Specifically, Copeland argued that he received ineffective assistance of counsel in violation of the Sixth Amendment. App 38c. First, Copeland argued that he received ineffective assistance of counsel when his trial counsel promised an unrealistic sentence in order to induce a guilty plea that he would have otherwise not entered. Id. As a result, Copeland argued that he entered a plea unknowingly, involuntarily, and unintelligently. App. 42c. Specifically, Copeland informed the court that his previous counsel advised him that the maximum sentence he could receive under the plea agreement was 84 months imprisonment. App. 44c. However, according to his trial counsel, it was more likely that Copeland was going to receive closer to 60 months imprisonment given prior cases. Id. Importantly, Copeland testified to these facts in his sworn affidavit. App. 33-34c.
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Boulder Young Petitions US Supreme Court to Overturn Criminal Federal Case
Petitioner Boulder Young, also known as Boulder Daniel McManigal [“Petitioner”], was indicted on May 24, 2017 for four counts relating to the distribution of methamphetamine. The indictment claimed that on three separate occasions, Petitioner sold methamphetamine to ATF agents or informants. The prosecution additionally asserted that Petitioner possessed a reputation for dangerousness, citing proffers provided by two of Petitioner’s supposed customers who were both under indictment for related drug charges at the time. Although Petitioner has never been convicted of a felony and possesses a very limited criminal history, the prosecution cited his firearms collection as further evidence of his supposedly violent character.
On August 2, 2017, Petitioner agreed to plead guilty to Conspiracy to Distribute a Controlled Substance , and signed a memorandum of the proposed plea agreement. The plea was entered on October 2, 2017. App. 1a. This offense carries a mandatory minimum sentence of 120 months in prison. App. 3a. Paragraph 41 of this memorandum requires Petitioner to waive his right to appeal the conviction and the sentence involved. Furthermore, paragraph 41 stipulates that at the conclusion of the sentencing hearing the Court will note that Petitioner’s appellant rights are limited. The Magistrate Judge entered the guilty plea on October 2, and it was accepted by the District Court on October 18, 2017. App. 1a.
Right to Appeal Federal Conviction
On January 11, 2019, Petitioner was sentenced to the mandatory minimum of 120 months in prison and five years of supervised release. App 8a. Counsel for Petitioner argued that the court should apply the 18 U.S.C. § 3553(f) safety valve provision, authorizing a sentence below the federal minimum. To be eligible for “safety valve” relief, defendant must have minimal criminal history and an offense which is nonviolent in nature. The court held that Petitioner failed to meet the burden of proof due to his possession of several firearms, and the fact that he was in the process of cleaning one of them during a federal drug deal. The judgment was entered on January 14, 2019.
Read more about the federal appeal: Young PETITION FOR A WRIT OF CERTIORARI to United States Supreme Court
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Eric Longmire Petitions United State Supreme Court in Case With Warshaw Berstein
Whether the State Appellate Division wrongfully denied Petitioner’s Motion for Leave to Appeal when sua sponte and without notice to Petitioner, and without providing him an opportunity to respond, it determined that Petitioner failed to establish a prima facie case of employment discrimination against his former employer. Longmire Petitions the US Supreme Court in a case with Warshaw Berstein, and the Petition is attached here: PETITION FOR A WRIT OF CERTIORARI United States Supreme Court
New York Court of Appeals Opinion
The second question for review in the petition is:
Whether the State Appellate Division erred in affirming sua sponte and without notice to Petitioner, and without providing him an opportunity to respond, the decision and order of the motion court in dismissing Petitioner’s counterclaim for legal malpractice against the Respondent.
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Kyle Hurst Challenges Rainbow Family Immunity Ruling
The question presented in the petition is:
Whether the Eleventh Circuit wrongfully absolved Respondent of liability when it determined that Moore Lake was not an “area” where a fee was charged, or a part of an area used for commercial purposes. Read the Petition here: Hurst Petition
The Rainbow Family has long history of violating the laws
Equally important, the Permit for the Rainbow Group covered “3 square miles”. 4 Since the distance to Moore Lake and Silver Lake is less than 1 nautical mile, the holding in Goodman means that the properties are the same “area” and the Permit covered activity at both Silver Lake and Moore Lake. The Eleventh Circuit failed to correctly apply Goodman for the following reasons:
The holding in Goodman means that USFS cannot avoid liability and the Eleventh Circuit opinion incorrectly interpreted federal law. The Court of Appeal’s decision strays from the factual issues in the case. The facts are clear that Moore Lake is a part of Silver Lake. Moore Lake is the camping compliment to Silver Lake.
Contact Robert Sirianni and Brownstone Law to discuss your Supreme Court Appeal.
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Jackson v. United States Petition for Writ of Certiorari
The Sixth Circuit’s decision in Ruelas v. Wolfenbarger, 580 F.3d 403 (6th Cir. 2009) acknowledged that this court’s seminal decision in Fry v. Pliler, 551 U.S. 112 (2007) did not overule Mitchell v. Esparza, 540 U.S. 12 (2003) (per curiam). In Ruelas, the Sixth Circuit held that a federal habeas court is free to apply the Esparza harmless error standard to determine whether a state court of appeals reasonably applied the Chapman harmless error standard on direct review. In the decision below, infra, App. 3a, the court of Appeals applied this standard. However, the Kentucky Supreme Court did not apply the Chapman harmless error standard on direct review.
Brownstone Law Petitions U.S. Supreme Court
Read more about the Petition here: Petition for Writ of Certiorari.
This case presents the following questions:
Contact Robert Sirianni to discuss more about your appeal.
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Brownstone Law is a top appellate law firm. Robert Sirianni is our lead appeals lawyer. Our appeals attorney handle criminal and civil appeals