What Are The Things To Know In An Appeals Process?
Before you decide to Appeal, here are some key things to know in a court appeals process:
What Are The Oral Arguments And When Does That Happen During The Court Appeal’s Process?
The oral argument is after all the briefs are written. The prosecutor and the defense attorney will get a court date to go in front of the panel of three judges, that’s the court of appeals.
The court of appeals have a number of judges but each case is heard by three of them. And both the prosecutor and the defense attorney each have a certain amount of time where they make their pitch in person to that panel of the judges and try to convince them that their side is correct.
What Is An Accelerated Calendar And How Does That Apply In A Court Appeal Process?
There are certain cases that can be heard quicker or maybe need to be heard quicker. One example that comes to mind is any case involving permanently removing children from a parent, certain parental rights can be appealed on what’s called the Accelerated Docket.
Other cases that maybe have limited issues, very short transcripts, or something that doesn’t need much of the court’s time, can be put on this accelerated transcript which has tighter deadlines than a normal appeal and is designed to get the case heard fairly than it normally would be.
If The Court Of Appeals Dismisses An Appeal For Failing To File The Brief, Can Anything Be Done In Those Cases To Save The Appeal?
You can always ask the court for permission to re-open the appeal, say that there were some good or unavoidable reasons to miss that deadline; or you can claim what’s called Ineffective Assistance of Counsel because if an attorney is appointed to a case by a defendant who can’t hire an attorney and if the attorney fails to file his appellate brief and get his case dismissed, then that’s not any fault of the client; certainly it’s ineffective assistance of this counsel or the attorney.
And then obviously that point is right that is violated because he didn’t get his right to an attorney and get his right to appeal. So, another attorney can argue that that was denial of his due process rights and perhaps get that case reopened.
If Someone Files An Appeal, Does That Automatically Stay The Conviction Or The Execution Of Judgment? How Does That Work?
No, it almost never does. You can apply for what’s called an Appellate Bond if it seems like there is a really good issue and you have a good chance of success or there is some irreparable harm, then you can ask the court for an appellate bond so that you could stay out of prison during the appeal.
If they deny, you can also ask the court of appeals for the same thing. But in most cases, if somebody is sentenced to a prison term, for example, they’ll start serving their prison term and the appeal will go while they’re in prison.
What Is The Pre-hearing Conference?
We typically don’t have pre-hearing conferences in criminal cases, at least in my area of the state. But that’s an option especially in civil cases for the parties to sit and talk and give them another chance to negotiate a resolution without going through the court process just like we would do leading up to your trial where the attorneys spend all the time leading up to trial. It’s another chance while waiting appeal to negotiate that. But in criminal cases, we don’t use those often.
If you need information about The Things To Know In A Court Appeals Process, call the Law Office of Matthew Bangerter for an initial consultation at (440) 409-7898 and get the information and legal answers you’re seeking.
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