Federal district court trials end either in a civil judgment or verdict. When a party to the case disagrees with the decision, they may have the ability to appeal it. At this stage, the matter is removed from the trial court and sent to the appropriate federal circuit. The Fifth Circuit Court of Appeals handles cases that arise from district (trial) courts that fall under its geographical jurisdiction. Whether you have a pending civil or criminal appeal in the Fifth Circuit, you should hire an experienced appellate law firm to advocate for you. That firm is The Keleher Appellate Law Group.

What to Know About the Fifth Circuit

The Fifth Circuit Court of Appeals is based in New Orleans, Louisiana. The Court takes appeals from federal district courts in Louisiana, Mississippi, and Texas by reviewing district court decisions to ensure that procedural, legal, and factual errors were not made;and that there was no misconduct or bias by the judge or other parties to the trial; that newly discovered evidence not available during the trial is considered; and (in criminal matters) that the defendant’s legal counsel provided adequate representation.

The Fifth Circuit covers the following U.S. district courts:

  • Eastern District of Louisiana
  • Middle District of Louisiana
  • Western District of Louisiana
  • Northern District of Mississippi
  • Southern District of Mississippi
  • Eastern District of Texas
  • Northern District of Texas
  • Southern District of Texas
  • Western District of Texas

The Court considers appeals of final decisions in civil and criminal cases. These appeals involve numerous types of legal disputes, with some examples being:

Rules and Procedures That Govern the Fifth Circuit

All courts have their own rules and procedures, and the Fifth Circuit is no exception. The primary body of rules and procedures that govern Fifth Circuit appeals is the Federal Rules of Appellate Procedure (FRAP). Among other matters, these rules control the steps that parties to appeals must take, what must be included in the appeal, and the general course that an appeal takes once it enters the appellate court system.

The Fifth Circuit also has its own unique set of what are known as Internal Operating Procedures, which may be considered local rules. As with all other rules and procedures, these local rules are lengthy and complicated, and failure to follow them might put your appeal at risk. Some of the specific topics that fall under the FRAP and Internal Operating Procedures are:

  • The right to an appeal
  • Filing fees
  • When and how to file and serve a notice of appeal
  • What to include in the appeal
  • The record on appeal
  • Appellate briefs
  • Oral arguments
  • Deadlines and extensions
  • Stays and injunctions in the District Court
  • Rules and procedures that apply specifically to civil and criminal appeals
  • Motions and how to file and serve them
  • Habeas corpus proceedings
  • Extraordinary writs, which are limited and rare orders that grant unusual forms of relief
  • Word limits, page limits, and how many copies are required for filed documents
  • Electronic filing rules
  • Special procedures and rules for bankruptcy, tax, and certain other matters
  • Dismissal and sanctions for failure to follow the rules

Can I Appeal My Case to the Fifth Circuit?

Losing at the trial court level may be discouraging, but it alone is not enough to support an appeal. An appellant must set forth specific and valid grounds for appealing the district court’s outcome. It should be emphasized that appeals are not simply the chance to try your case all over again. Rather, you need to be able to articulate one of these grounds for an appeal:

  • Errors of law: An error of law occurs when the district court incorrectly interprets or applies the law. For instance, the judge may have misunderstood a statute or failed to give sufficient deference to legal precedent.
  • Errors of fact: Conversely, an error of fact involves the court making a factual error or relying on insufficient evidence in making a decision. Factual mistakes like these can negatively and substantially affect the trial court’s outcome and support an appeal.
  • Procedural errors: Just as a procedural mistake at the appellate level is a problem, it’s a potentially significant issue at trial. Examples include unfairly preventing a party from offering a defense or making an improper decision to admit or exclude evidence.
  • Bias or misconduct: Judges and juries should conduct themselves fairly and appropriately at all stages of the district court’s proceedings. Prosecutors (U.S. Attorneys) must also avoid misconduct that might unfairly prejudice a defendant.
  • Newly discovered and previously unavailable evidence: If new evidence arises that was not available during the trial, it may be enough to affect the original outcome and justify an appeal. An attorney can help you determine if the evidence meets the requirements for this ground.
  • Ineffective assistance of counsel: Criminal defendants have the right to an adequate defense but may be able to argue that their attorney was ineffective. For example, the lawyer may have failed to investigate critical evidence.

The Appeals Process in the Fifth Circuit

These are the necessary components of a successful appeal:

  • The Notice of Appeal: An appeal begins with filing the Notice of Appeal in the district court, which informs the court and others of the appellant’s intent to appeal.
  • The Record on Appeal: Next, the record on appeal has to be prepared so the appeals court judges learn how the trial was conducted and if mistakes were made.
  • The Brief: The appellant and appellee will file briefs to state their arguments in favor of or in opposition to the appeal.
  • Oral Argument: During the oral argument, a party has the opportunity to better explain their case, to clarify legal arguments, and to answer the judges’ questions.

The appellate court will usually make one of three decisions at the conclusion of the appeal:

  • Affirm the district court’s ruling
  • Reverse, either in whole or in part, the district court’s ruling
  • Remand the case to the district court with instructions for addressing a specific issue

Contact Our Fifth Circuit Court of Appeals Attorney

If you have received an adverse decision from a U.S. district court in the Fifth Circuit, you have a limited amount of time to appeal. We advise that you reach out immediately to speak with an experienced appellate law firm that is prepared to serve you. Connect with The Keleher Appellate Law Group today.