The Keleher Appellate Law Group is a boutique legal practice focused on civil and criminal appeals in federal and state appeals courts. Because some trial lawyers do not have experience handling appeals, working with an accomplished appellate attorney is essential.
When you partner with us, we will provide strategic representation and personalized attention through all phases of the appeals process. We are well-versed in the rules of appellate procedure and individual appellate court rules and have an impressive track record of achieving successful outcomes. Contact our office today for a consultation.
What Are the Grounds for an Appeal?
The grounds for an appeal refer to the legal basis on which a party seeks to challenge a lower court decision and request a court of review to overturn that decision. These grounds typically arise from errors during the original trial or hearing. Common grounds for appeal include:
- Errors of law – The lower court made a mistake in interpreting or applying the law, such as misinterpreting a statute or disregarding legal precedent.
- Errors of fact – The lower court made a factual error or relied on insufficient evidence, significantly affecting the outcome.
- Procedural errors – The lower court failed to follow proper procedures or violated the rights of a party during the trial, such as excluding crucial evidence or precluding the ability to present a defense.
- Misconduct or bias – There is evidence of misconduct or bias by the judge, jury, or any other party involved in the trial.
- Newly discovered evidence – New evidence not available during the original trial emerges and is deemed significant to the case.
- Ineffective assistance of counsel – The party initiating the appeal (the appellant) can demonstrate their attorney provided ineffective counsel, such as failing to investigate crucial facts or present a constitutionally adequate defense.
The specific grounds for appeal can vary depending on the jurisdiction and type of case. You can trust our experienced Illinois and federal appellate attorneys to craft a legal basis for an appeal based on the circumstances of your case.
Understanding the Appeals Process in Illinois and Federal Appellate Courts
Generally, the appeals process consists of four elements:
- The Notice of Appeal
- Preparing the Record on Appeal
- The Briefing Schedule
- Oral Argument
The Notice of Appeal
The process starts with the filing of a notice of appeal. This document notifies the trial and appellate courts of a party’s intent to appeal the ruling. There are strict time limits to file an appeal in the state and federal appellate courts – failing to meet the deadline will lead to a dismissal of the appeal.
Preparing the Record on Appeal
Counsel is responsible for preparing and designating the record, which requires obtaining and reviewing the trial court transcripts to identify potential errors by the trial court.
The Appellate Brief
An appellate brief is the cornerstone of an appeal. The goal is to present a compelling legal argument based on the application of the facts to the relevant laws to persuade the appellate judges to issue a favorable judgment. The appellate brief serves as a basis for the oral argument.
Oral Argument
An oral argument is a verbal presentation made by counsel to a panel of three appellate judges. It provides an opportunity to present the case, respond to questions from the judges, and further clarify the legal issues at hand. The purpose is to persuade the appellate judges by providing additional insights, highlighting key arguments, and addressing any concerns raised during their review of the briefs.
The Appellate Court’s Decision
The appellate court can ultimately take one of the following actions:
- Affirm the lower court’s ruling;
- Reverse the lower court’s decision, either in whole or in part; or
- Remand the case to the trial court for a specific issue addressed in the appellate opinion
Why Choose Us?
The Keleher Appellate Law Group handles all aspects of appeals. Because we are selective in the number of cases we take, we can dedicate our time, attention, and resources to yours. You can depend on us to provide realistic advice and an honest assessment of your chances of success.
Our appellate attorneys have unparalleled research and legal writing skills necessary for preparing appellate briefs and are adept at making persuasive oral arguments before appellate judges. Above all, we will guide you through the appeals process and work strategically to achieve a positive outcome.
Talk To An Experienced Federal and Illinois Appellate Attorney Today
Whether you need assistance challenging an unfavorable judgment or defending a favorable ruling, turn to The Keleher Appellate Law Group, the experienced choice in federal and state appeals.