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The Appeals Process
The losing party in a decision by a trial court normally is entitled to appeal the decision to a a higher court. Typically the higher courts are either state courts of appeal, or a state supreme court. In the federal system, appeals will be made to the court of appeals for the federal circuit in which your state is located. Similarly, a person who is not satisfied with a decision made by an administrative agency usually may file a petition for review of the agency decision by a court of law or to a court of appeals.
In a civil case either side may appeal the verdict. In a criminal case, the defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict.
The court of appeals decision usually will be the last word in a case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the state supreme court in a state case or the U.S. Supreme Court in a federal case to review the case.
Appeals are different from other areas of practice in that the appeals process looks to solely the record on appeal. This means there are no new submissions to the court of evidence or testimony to be considered. The appellate court will only consider those items of evidence and testimony presented to the trial court. Further, appellate courts will apply the rules strictly. If an appellate attorney does not follow them closely (which means follow them "to the letter" so to speak), the issue or appeal may be consider to not "be preserved" and the appellate court oftentimes will refuse to hear the case or consider the issue presented to the court.
It is imperative to consult with a lawyer with the experience to successfully handle a case on appeal. The lawyers at Huffman Mason have that experience in both state and federal courts. If you have a case that you are considering appealing a decision, contact us immediately. There are strict deadlines to file an appeal, and these deadlines are very short. If the deadline is missed, the opportunity to appeal may be lost
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Huffman Mason, PLLC is committed to defending your rights and best interests by providing professional, courteous and realistic legal counsel. Attorneys Bryan Huffman and Jere Mason believe, without compromise, that your rights matter.
Have your constitutional rights been called into question or violated in any way? Do you need an attorney in the Memphis Tennessee metropolitan and Covington Tennessee areas? Are you looking for an attorney who will aggressively pursue a resolution that is in your best interest? If so, Huffman Mason, PLLC can help. To set up your Free Initial Consultation today, call our our Covington, TN Office at (901) 726-3854 or for more options, please go to the "Contact Us" page.