Appellate Court Cases

April 11, 2017 — by John Conger
Tags: Appeals

Lady JusticeCourt cases often involve lengthy preparation followed by days, weeks, or months presenting the case and waiting for a verdict. After all the time, emotions, and money that go into fighting a legal case, it can be especially frustrating when errors in the judicial process lead to an undesirable verdict. Fortunately, clients do have an option to fight a decision of the court.

At Shore, McKinley & Conger, LLP we specialize in appellate advocacy to make the appeals process as smooth and easy as possible for our clients. Our appeals attorneys have experience working in the appellate court on all types of cases for our Stockton, CA and Sacramento, CA clients. We can work the appeals process from start to finish, presenting the strongest argument possible to the court that is reviewing the challenged judgement or order.

Right to Appeal

The court system is set up with a series of checks and balances that are meant to ensure everyone gets a fair trial and a just verdict. Part of this system is the appellate court. If an appeal hearing is granted, a higher court will reevaluate the verdict or decisions of the court that initially heard the case. While anyone can ask for an appeal, there are certain circumstances that must be met for an appeal case to be granted. An appeal will not be heard simply because the party was unhappy with the verdict of their hearing. Instead, an appellate case is meant to address errors that may have been made regarding the judicial process.

Types of Appellate Court Cases

One of the most important parts of the appeals process is presenting an argument for why a reevaluation is necessary. It is important to work with attorneys, such as ours, who understand the three basic types of appellate court cases, and are able to present a valid argument for why an appeal is necessary. Below are the three types of appeals cases in the United States appellate system:

  • Undeniable right: One type of appeals case is one that is filed “as of right.” These appeals are based on either the plaintiff’s or defendant’s undeniable right to an appeal. These cases are allowed when an egregious error was made during the initial trial, or when the initial trial proceedings failed to meet the basic legal principals of the United States court system.
  • A writ of certiorari, or certs: Many appeals cases are considered discretionary, meaning that the appeals court can choose whether or not to bring the appeal to court. When a discretionary appeal is to be filed, the appealing party must present a writ of certiorari, in which a higher court will ask that a case from a lower court be sent for review.
  • Writ of habeas corpus: A writ of habeas corpus is an appeal used in criminal trials. This type of case allows individuals found guilty of crimes to appeal their conviction, or to appeal the severity of their sentence.

Contact Us

At Shore, McKinley & Conger, LLP our attorneys have a great deal of experience working in the appellate court system, and can provide valuable post-trial counsel. If you are interested in having a court ruling reevaluated, our attorneys can work with you throughout the appeals process. Contact us at your earliest convenience to learn more about your post-trial options.