Appeals Attorney Houston
Do You Need to Appeal a Court Ruling? Call Appeals Attorney Houston today!
Looney, Smith & Conrad, Criminal Lawyers
Civil and Criminal Appeals Lawyers
Since 1995 criminal defense lawyer Paul Looney litigated
60 criminal jury trials with Zero Final Convictions
Appeals Attorney Houston
Appeals attorney Houston at Looney, Smith & Conrad, P.C. practice appellate law in state and federal courts throughout the United States. We assist clients in civil and criminal appeals to reverse errors made at trial.
Because litigation is an adversarial process, when a case goes to judgment, it means one side wins; the other loses. And, in most cases, the losing party has the right to appeal the decision to a higher court. Contact an Appeals Attorney Houston today at 281-597-8818.
Depending on who the losing party is from the lower case, the appellant in the new case can be either the:
plaintiff (or claimant),
defendant,
third-party intervenor,
or respondent (appellee)
The winning party from the lower court, however, is now the respondent. And, in unusual cases, the appellant can be the victor in the court below, but still appeal.
Appellants have to follow specific procedures to have a case addressed at the appellate level. This includes filing a notice of appeal within the designated time frame. Equally important, this may be as little as 15 days and must state proper grounds for the appeal.
“Appellate Record” is a collection of all transcripts, filings, physical evidence and docket notations in the case. It will be prepared by the court reporters and clerks. In addition, the case must be fully investigated and briefed before the appropriate Appellate court.
Each State and Federal appellate court has its own local rules to comply with. And then it also has to comply with unique and sometimes uncertain case law.
Civil Appeals
Appeals in civil courts generally must be grounded on failure by the trial judge to properly apply the law. Examples include:
- Making an incorrect ruling on a motion or objection which allowed improper testimony to be heard or improper evidence admitted
- Giving faulty instructions to the jury
- An abuse or discretion, or acting arbitrarily, or capriciously in the matter
Whether a case is overturned on appeal depends on the nature of the error. Moreover, it is no longer enough to show an error was made. The appellant must also show the error constituted Reversible Error which means it was significant enough to warrant reversal. Harmless Error means the ruling by a trial judge that, although mistaken, does not meet the burden. Furthermore, the losing party cannot reverse the original decision on appeal or have a new trial.
Criminal Appeals
The grounds for appeal in a criminal case are broader than in a civil case. Call a criminal appeals attorney Houston today 281-597-8818. Equally important, there are more ways to get a case back into court in the criminal justice system.
Different types of collateral appeals and post-conviction relief, such as writs of habeas corpus are also available. A defendant may be able to get the case back in front of a judge for review. Call our appeals attorney Houston today at 281-597-8818.
Grounds for a criminal appeal may center on:
- Inadmissibility of evidence illegally obtained such as from a warrantless search or warrantless arrest which violated the defendant’s constitutional rights
- Judicial error at trial including errors in the jury instructions, errors in jury selection, or comments on the weight of the evidence
- Police or prosecutorial misconduct at any stage of the proceeding
- Failure to grant a speedy trial or competent counsel. The accused in a criminal trial has many rights guaranteed by the constitution. Failure to grant these rights may be grounds for appeal.
Relief in post-conviction is rare and is most often found in capital or violent felony cases. The typical scenario involves an incarcerated defendant locating DNA evidence showing the defendant’s actual innocence.
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EXPERIENCED AT TRIAL — EXPERIENCED ON APPEAL
As Appeals Attorney Houston, are experienced with reviewing a trial transcript for errors.
We have prepared many compelling briefs.
We have also conducted persuasive oral arguments seeking a reversal, new trial, or other relief.
For assistance with a civil or criminal appeal, contact Looney, Smith & Conrad, P.C., Appeals Attorney Houston
at 281-597-8818. Text us at 405-388-6191.
Our civil law attorneys and criminal law attorneys are available 24 hours a day,
7 days a week for a free, no-obligation case evaluation.
