Appeals

The Appeals Process in U.S. Courts: A Guide

If you or someone you know has been convicted of a crime or lost a civil case, the next step may be to file an appeal. Understanding how this post-conviction phase of justice work can help you achieve a better judgement from the court. Below is an overview of how the process operates in U.S. courts.

What is an Appeal?

An appeal is not a chance for a retrial of the case. Instead, it is a request for a higher supreme court to review the lower state court’s decision for mistakes that could have affected the outcome. The appellate court reviews the case based on what happened in the trial court, and its role is to determine whether any legal mistakes were made.

Who Can File an Appeal?

• Criminal Cases: Generally, only the defendant (the person convicted) has the right to appeal. The prosecution cannot appeal a “not guilty” verdict, due to the protection against double jeopardy under the Constitution. However, in some instances, they can appeal other legal rulings that occur before or after the trial.
• Civil Cases: Either party (the losing side) can file an appeal if they believe there were significant legal errors that impacted the case’s outcome.

Steps in the Appeals Process

There is a due process that a skilled defense attorney is well aware of before filing an appeal.

1. Notice of Appeal. The process is initiated by the filing a “Notice of Appeal” with the trial court. This document informs the court and the opposing party that you are challenging the case.
   Deadlines for filing vary depending on the type of case, but they are generally quite short, often within 30 days after the judgment.
2. Preparation of the Record. The “record on appeal” is prepared, which includes all documents, exhibits, and transcripts of oral proceedings from the trial court. The court uses this record to review the case.
3. Written Briefs. Both sides submit written arguments (briefs) to the appellate court. The appellant (the person appealing) must explain why the trial court’s decision was wrong and how legal errors affected the case.
   The appellee (the other party) argues why the trial court’s decision should be upheld. These briefs are critical since most appellate decisions are based solely on these written arguments.

Oral Arguments

Sometimes the court schedules oral arguments, where attorneys from both sides present their case in person. The judges may ask questions to clarify points raised in the briefs.

Oral arguments provide an opportunity to emphasize key issues, but many appeals are decided without this step, based purely on the written briefs.

What Can the Appeals Court Do?

The appellate court does not conduct a new trial or hear new evidence. It focuses on whether the law was applied correctly in the original case. The court can:

• Affirm: Agree with the trial court’s decision, meaning the original judgment stands.
• Reverse: Overturn the trial court’s decision, potentially leading to a new trial or a different ruling.
• Remand: Send the case back to the trial court, often with instructions on how to correct the errors identified.
• Modify: Change part of the lower court’s decision, such as reducing damages in a civil case.

How Long Does an Appeal Take?

The appeals process can be lengthy, taking months or even years depending on the complexity of the case and the court’s caseload. Patience is key, as the appellate courts are deliberate in their review of cases.

Here is a timeline of the Appeals Process

1. Filing the Notice of Appeal. This first step must be done promptly after the judgment. The deadline varies but filing the notice of appeal typically 30 days after the trial court’s final decision.
2. Preparation of the Record and Briefs. After filing, the trial court prepares the record, which can take a few weeks to a few months, depending on the length of the trial and the availability of transcripts.
   Once the record is prepared, both sides submit briefs. The appellant’s brief is generally due 30-60 days after the record is ready, followed by the appellee’s brief, which is due 30-60 days later. This phase can add 3 to 6 months or more, depending on how much time the court allows for each side to prepare their briefs.
3. Oral Arguments (if applicable). In some cases, the court may schedule oral arguments. This can add a few weeks to several months to the timeline, depending on the court’s schedule and how quickly both sides are ready. Oral arguments are not guaranteed, and many appeals are decided based on written briefs alone.

How Long Does the Court Take to Decide?

The length of time it takes for the court to make a decision about an appeal can also depend if the conviction was in criminal court or civil court.

• Criminal Appeals: The appellate court’s decision can take anywhere from 6 months to 2 years after the appeal is fully submitted (briefs are filed, oral arguments are completed, if applicable). Criminal appeals may move more quickly than civil appeals because of the importance of the defendant’s rights and liberty.
• Civil Appeals: In civil cases, it may take longer—up to 2-3 years—especially in courts with heavy caseloads. Civil appeals often take longer because they can involve complex legal issues or substantial amounts of money.

Factors Affecting the Timing

1. Court Caseload: Some courts are busier than others, which can delay the process. Federal appeals, for instance, often take longer than state appeals due to the higher volume of cases.
2. Complexity of the Case: More complex cases, involving numerous legal issues or complicated factual records, tend to take longer for the court to analyze.
3. Number of Judges Involved: Appellate courts typically have panels of three or more judges who review the case. Coordinating their schedules and obtaining consensus on a decision can take time.
4. Post-Decision Motions: After the appellate court issues its decision, there can be additional the U.S. Supreme Court). These can extend the overall process by several months or more.

After the Decision

Once the appellate court issues its decision, the parties are notified, and the decision is typically published. Depending on the ruling, the case may be:

• Affirmed: The trial court’s decision stands.
• Reversed or Remanded: The case may return to the lower court for further proceedings.
• Further Appeals: If you or the other party is unhappy with the decision, there may be options to appeal to a higher court, which will extend the process further.

While the specific time frame depends on various factors, most appeals are resolved within 6 months to 2 years. Patience is crucial, as the appellate process requires thorough review and careful consideration of legal arguments. If time is a concern, an attorney can help manage expectations and provide updates as your case progresses.

This is an opportunity for any legal errors in your case to be corrected. If you’re considering an appeal, it’s important to work with an attorney, such as Nate Crowley, who understands the nuances of appellate law to increase your chances of success. Remember, this is not a second trial—success often hinges on identifying specific legal mistakes made in the original case.

Need A Lawyer to File an Appeal? Contact Criminal Defense Attorney Nate Crowley!

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