Appeals differ from trials in many ways, and one significant difference is that there must be a specific issue of law or fact for the appellate court to consider. Not only must there be a specific issue for appeal, but it must be so significant that but for this issue, the trial court may have ruled in another way. There are many reasons why a party may appeal, but some issues are more common than others. The knowledgeable attorneys at The Appellate Law Firm have extensive experience appealing all types of legal issues and are prepared to zealously advocate on your behalf. Call or contact the office today to schedule a free case consultation.
Motion to Suppress
One of the most common issues for appeal is an incorrect ruling on a Motion to Suppress. This could apply to a Motion to Suppress certain evidence that may have been unlawfully obtained by law enforcement, or it could stem from a Motion to Suppress certain statements made by the party or others about the case. If evidence or testimony was incorrectly included or excluded that may have fundamentally altered the outcome of the case, it may be appealed.
Incorrect Evidence Ruling
Another common issue for appeal is an incorrect evidence ruling. Some evidence presented may be hearsay or based on faulty science. The evidence must be relevant, not unduly prejudicial, and be collected properly. If the judge made an error in determining evidence admissible or inadmissible, then that is a reason for appeal.
Prosecutorial misconduct is another common issue on appeal, where a prosecutor violates the defendant’s rights in their preparation or execution of the case. Suppressing evidence, failing to turn over exculpatory evidence to the defense, witness intimidation, and Batson violations are all reasons to appeal for prosecutorial misconduct.
Ineffective Assistance of Counsel
A defendant in a trial has the right to competent and zealous legal counsel. If a person’s lawyer fails in their duty to provide effective assistance, either through negligence or intentional act, that person may have the right to appeal the outcome of the case. Examples include failing to call key witnesses, failing to communicate plea deals, and showing up to trial under the influence of alcohol or controlled substances.
Finally, one last common issue for appeal is for juror misconduct. Jurors are subjected to questioning and must adhere to certain rules when selected for a jury. If a juror lied during questioning to be put on a case, spoke to lawyers or witnesses, watched news or read articles about the case when instructed not to, or conversed about the case with other jurors before deliberation, then that may be reason to appeal the decision of the trial court.
Call or Contact Our Office Today
If you believe that you have an issue to appeal in your case, it is critical that you speak with an appellate lawyer right away, as the window to appeal any case is very small. To talk to an experienced appellate attorney about your case, call the office or contact us today at The Appellate Law Firm to schedule a free evaluation of your case.