Attorney Matthew C. Bangerter North Eastern Ohio

What Is The Process Of Filing An Appeal? How Does It Work?


Let’s look at what is the process of filing a court appeal and how does it work?

What Courts Are The Appeals Heard In?

They are divided into a number of districts. For example, Cleveland, you can say it is it’s own district. Just for example, the Ninth District is the Summit County area. So, whatever districts the court is located in is, the appellate district, is where the appeal would be heard in.

What Are The Most Common Reasons An Appeal Is Filed? Is It More About The Sentence Or Is It Because Someone Didn’t Get What They Expected?

Most of them are about the conviction. Most of my appeals, even if it’s for the conviction, I still appeal the sentence as well. So if you’re still on appeal, then you can raise everything. But I would say more people can have their conviction appealed than just have a sentence appealed, at least in my practice.

What If You Find That There Was Lack Of Evidence Or Something Was Done Inappropriately Or Illegally By The Prosecution Side? What Is The Reason To Have These Cases Appealed?

It could be anything. Sometimes, the attorney will argue that the evidence wasn’t enough to convict the person. Sometimes they argue that the prosecution did something wrong, or that the judge allowed them to present evidence that they shouldn’t have been allowed to present.

There are a whole lot of rules of evidence that all sides have to follow in court, and if those get violated, then they can argue that the defendant didn’t get a fair trial.

What Are The Correct Appeal Process Steps Someone Should Follow To Reverse A Court’s Decision?

The most important thing a person has to realize is that there is a 30-day deadline to file notice with the Court of Appeals that you’re going to appeal the case. So, from the date of your sentencing, you got 30 days to file that.

If you miss that deadline, many times the court won’t even hear your appeal. Sometimes, you can ask them permission to file aid but that’s very often that the appeal is just thrown out because of that missed deadline.

So the first step is just to make sure you hit that deadline.

After that, the appellate attorney has a number of forms to file, so you ask the court reporters to prepare transcripts of the trial, or whatever hearings were in court, and then has to write their reasons to submit those reports.

Does The Attorney Handle The Appellate Brief?

Yes.

What’s Included In The Appellate Brief?

The appellate brief is a research paper where we write out all the reasons why the decision of the trial court was wrong. We talk about all the evidence that was presented, the history of the case and we discuss the errors we’re raising in the context of other cases that the courts have already heard and made decisions in support of our argument.

In short, it’s a research paper detailing our arguments to the court why we think there was an error that needs to be reversed.

If you need information about Appeal Process Steps, call the Law Office of Matthew Bangerter for an initial consultation at (440) 409-7898 or visit our office 4124 Erie Street Willoughby, OH 44094 and get the information and legal answers you’re seeking.

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