How Do You Appeal A Case?
From Chris’ interview for the Masters of the Courtroom series on ReelLawyers.com.
In order to appeal a criminal or civil court decision, the aggrieved party must present viable arguments that the trial court made errors of law or fact. In both state and federal appeals, an appeals court will determine whether procedural matters compromised the fairness of a trial. At Tritico Rainey, our Houston appeals attorneys prepare and present appeals at both the state and federal level in criminal and civil matters. We determine whether you have grounds for an appeal by evaluating procedural issues related to evidence, jury instruction, application of hearsay rules, and points of law. Since there is always the possibility that a judge failed to correctly apply the law or properly instruct the jury, you may have grounds for an appeal even if your trial attorney thinks otherwise.
If actions on the part of prosecutors, police officers, or a judge compromised the fairness of your trial, contact us today. We provide free, confidential consultations in order to evaluate your case and discuss the options available to you.
Types Of State And Federal Criminal/Civil Appeals
The law office of Tritico Rainey, counsels and represents clients convicted or sued for the following:
- Sexual assault/rape
- Drug possession
- Narcotics trafficking
- White collar crime
- Mortgage fraud
- Writ of Habeas Corpus
- Breach of contract
- Medical malpractice
When An Appeal Is Justified
While each case is different, errors or mistakes in regard to any of the following can be grounds for an appeal in criminal and civil cases:
- Procedural questions of justice: If a judge fails to follow proper legal procedures during a trial, the outcome can be appealed. Typically, procedural issues involve jury instruction, allowing or excluding evidence, or the handling of witness testimony.
- Questions of Evidence: If a judge misapplies or misinterprets hear-say rules, testimony that should be excluded can be entered in as evidence during a trial. As a result, prejudicial or damaging testimony that should have been excluded may make its way into court, compromising the fairness of the trial.
- Applying principles of the law: When a judge makes a decision from the bench during a trial, he or she must often rule on whether a particular statute applies, whether someone is a fiduciary, or whether a Constitutional amendment has been violated. If a judge misapplies a principle of law, the verdict can be appealed.
When Evidence Must Be Questioned
When questions of tainted evidence are involved, we hire forensic experts and/or lab specialists to determine if blood, DNA, fiber, and hair samples were mishandled. In civil matters involving financial issues, our attorneys consult forensic accountants, handwriting specialists, and other professionals to evaluate whether information submitted at trial contradicts witness statements made on the stand. We also scrutinize the behavior of police, investigators, and prosecutors to determine if witness tampering occurred or important items were “conveniently” excluded during pretrial proceedings.
Explore The Possibility Of An Appeal
To schedule a free, confidential consultation with a civil appeals lawyer, criminal appeals lawyer or federal appeals lawyer, contact the law office of Tritico Rainey, today at 713-581-8203. Our toll-free number is 866-719-1434.