When a federal district court issues a final decision in a case, a party who disagrees with the decision may have the right to file an appeal. That party’s case will then head to a designated appellate court within the federal system. The Sixth Circuit Court of Appeals covers a certain geographic area and hears both criminal and civil appeals. If you have a pending appeal in the Sixth Circuit, you will need seasoned legal counsel. The Keleher Appellate Law Group is here to advocate for you.
Basic Facts About the Sixth Circuit
Situated at the Potter Stewart Courthouse in Cincinnati, Ohio, the U.S. Court of Appeals for the Sixth Circuit has jurisdiction over federal appeals that arise from Kentucky, Michigan, Ohio, and Tennessee. More specifically, the Sixth Circuit hears cases on appeal from the following district courts:
- Southern District of Ohio
- Northern District of Ohio
- Western District of Michigan
- Eastern District of Michigan
- Western District of Kentucky
- Eastern District of Kentucky
- Western District of Tennessee
- Middle District of Tennessee
- Eastern District of Tennessee
The Court hears both civil and criminal appeals, having the power to review final decisions in such matters. Some examples of common legal matters that are appealed include:
- Breach of contract
- Business fraud
- Business torts
- Bankruptcy
- Civil rights matters
- Criminal cases
- Employment discrimination
- Intellectual property rights
An Overview of Sixth Circuit Rules and Procedures
The appellate courts are governed by a set of rules that determine the steps to take in appealing a case, the content of the appeal itself, and the course that the appeal will take once it enters the courts. Every federal appeals court, including the Sixth Circuit, is subject to the Federal Rules of Appellate Procedure (FRAP). In addition, individual courts have their own rules that are unique to their jurisdiction. Failure to follow any of these rules could jeopardize the rights of either the appellant (the party that appeals a case) or the appellee (the party against whom the appeal is filed).
The topics covered under the FRAP and local rules are broad and complex. These are just a few matters subject to the Sixth Circuit’s rules and procedures:
- The right to an appeal
- When and how a notice of appeal must be filed and served
- What must be included in the appeal
- The record on appeal
- Appellate briefs
- Oral argument
- Appellate fees, including special rules for those who are unable to afford the costs of an appeal
- Extensions of deadlines
- Stays and injunctions in the District Court
- Rules and procedures specifically for civil and criminal appeals
- Motions and how they are filed and served
- Habeas corpus proceedings
- Extraordinary writs, which are rare orders granting relief that is not typically available
- Word limits, page limits, and the number of copies required for filed documents
- Electronic filing rules
- Special rules for bankruptcy, tax, and certain other matters
- Dismissal and sanctions for failure to follow the rules
Do I Have the Right to Appeal?
Although anyone can file an appeal, it is not going to get far unless the appellant articulates specific and valid grounds for appealing the district court’s decision. Simply disagreeing with the outcome of the trial is not enough to sustain an appeal because appeals are not intended to give a party a second chance to try the underlying case. Common grounds to file an appeal include:
- Errors of law: These occur when the lower court makes a mistake in either interpreting or applying the law. An example is misinterpreting a statute or failing to give proper weight to legal precedent.
- Errors of fact: An error of fact happens when the district court makes a factual error or relies on insufficient evidence. These mistakes may significantly affect the outcome of the trial and therefore prompt the appellate court to review the decision.
- Procedural errors: To make this a basis for appeal, the lower court must have failed to follow proper procedures (e.g. civil procedure rules) or violated the rights of a party during the trial. Examples include improperly excluding crucial evidence or unfairly hindering a party from presenting a defense.
- Misconduct or bias: Judges, juries, and other parties involved in the trial might have engaged in misconduct. A judge having a conflict of interest or prosecutorial misconduct could justify this argument.
- Newly discovered evidence: New evidence that was not available during the original trial could later emerge and be significant enough to support an appeal. Talk to an attorney about the specific requirements for making this argument.
- Ineffective assistance of counsel: In criminal cases, the appellant can argue that their attorney provided ineffective counsel. Some examples are failing to investigate critical facts or failing to present a constitutionally adequate defense.
Understanding the Appeals Process
There are four basic elements of a successful appeal:
- The Notice of Appeal: This document informs the trial court and other parties of the appellant’s intent to appeal the case.
- The Record on Appeal: A record on appeal must be prepared so the appellate judges can understand how the trial was conducted and the evidence that was (or was not) admitted.
- The Brief: The appellant must (and the appellee may) file a brief which summarizes their legal arguments in favor of or against the appeal.
- Oral Argument: The oral argument provides a party with the opportunity to more clearly present their case, clarify legal arguments, and answer questions from the appellate judges.
At the end of the appeal, the court will generally make one of three decisions:
- Affirm the lower court’s ruling
- Reverse the lower court’s ruling, either in whole or in part
- Remand the case to the district court so it can address a specific issue identified in the appellate opinion
Contact Our Sixth Circuit Court of Appeals Attorney
If your case is on appeal in the Sixth Circuit, time is of the essence. It is vital to the outcome of your appeal that you hire an experienced appellate law firm to represent your best interests. That law firm is The Keleher Appellate Law Group. Give us a call today to learn more.
The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, and the surrounding areas in Illinois, Indianapolis, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.