An appeal is an attempt to get a higher court to change the outcome of a case that was concluded in a lower court. There are specific grounds that may apply to compel the higher court to change the decision of the trial, order a new trial or throw the case out altogether. If the federal appeal to the Circuit Court is unsuccessful, the defendant may attempt an appeal to the U.S. Supreme Court.
During an appeal, the court will determine if the law was correctly applied by the trial judge in the case. This is all accomplished by reviewing the record from the original trial or proceeding, including jury selection and in a criminal case the sentence. Factors that may move a Court of Appeals to overturn the original verdict include:
- Incorrect ruling on admissibility of evidence
- Incorrect application of a law or regulation
- Improper jury selection or instructions
- Insufficient evidence to support the conviction
- In a federal criminal case, inappropriate application of the U.S. Sentencing Guidelines or other sentencing factors in the case
Appeals require extensive research of the law, all court proceedings and written briefs to be filed with the court. The team at the Kendall Law Group has years of appellate experience, including Joe Kendall, who served as a state and federal district trial court judge. His time on the bench gives him unique insight into the appellate process and how appeals are won, including the common mistakes trial court judges make. He has appeared before U.S. Circuit Courts of Appeals and has appeared before the Unites States Supreme Court.
If you lost the trial, once the case goes to appeal, you need an experienced appellate attorney to argue your case to the appeals court. Contact Joe Kendall to discuss strategy for winning your appeal. And remember, “it ain’t over until it’s over.” Never give up! Never Surrender! Call Joe Kendall and fight!