According to the United States Court, “The losing party in a decision by a trial court in the federal courts normally is entitled to appeal the decision to a federal court of appeals.” There are several scenarios that may allow for a defendant to appeal the court’s decision. Allow us to explain.
3 Scenarios That Might Grant an Appeal
If you received a less than satisfactory outcome in your court case, our attorneys would be happy to take a look at your case. However, it’s important to note that legitimate legal actions must have occurred to warrant an appeal. Three scenarios that may grant an appeal include:
The judge abused his power. The judge has a duty to the court and civilians to hear a case objectively and determine the outcome of the case without bias. In some cases, the judge may abuse his power or allow his bias to seep into the case.
Evidence was admitted improperly. – Evidence can destroy or strengthen a court case. If the evidence is admitted improperly or obtained illegally, the judge should not use the information while deciding the outcome of the case.
There was a lack of evidence to support the judgment – Evidence can be the deciding factor for a judge while he determines the ruling on a court case. Without evidence, the decision may be left to the judge’s own reasoning or based on the arguments presented by the attorneys.
If you believe that one or more of the scenarios above apply to your case, it’s vital to seek the help from an experienced appellate attorney. Contact any of our incredible lawyers today so they can review your case.
Best Practices to Implement Before Appealing Your Case
If you’re considering filing an appeal for your court case, there’s likely high emotions involved, understandably. Before you seek an appeal, we encourage you to ask an appellate attorney to take a fresh look at the case. Your attorney may notice a vital aspect of your case that you didn’t see. Appeals can be difficult to navigate because the case has already been finalized, so it is imperative to choose an experienced attorney to help you.
Another way you can improve your chances on getting your appeal heard is by being realistic in your case analysis. Search for the major issue that can drive your appeal to get heard by the court. If you focus on several minimal issues instead of one major issue that holds weight, the court may not consider your case.
Considering an appeal? Eittreim Martin Cutler can help.
We would be happy to talk to you about your appeal and guide you toward the most promising legal route. Our attorneys have extensive experience and knowledge concerning how to best navigate the appellate court. Don’t waste any time; call us today: 770-225-7000