Overcoming legal obstacles in the appeal of your case

The appellate attorneys at Nancy Kirby Law Office, LLC represent clients throughout Alabama who have been received an unfavorable decision by a trial court. We have extensive experience handling appellate work and enjoy excellent reputations among judges and our peers. In the preparation of your appeal we comb through the entire trial court record with a fine-toothed comb searching for any and all potential procedural errors. If you have received an unfavorable judgment let us work to protect your rights. We represent you how we’d want to be represented.

 

Sometimes a trial results in an unjust outcome because the court made a legal error, or failed to follow applicable rules in the trial. The remedy in such circumstances is to seek an appeal of the trial court's finding.

 

Nancy Kirby Law Office, LLC offers the services of attorneys who are skilled not just in trial practice, but in appellate practice as well. Appellate work differs significantly from trial practice. An appeal is not a second chance at trial; the appellate court will often accept the facts that the trial court determined to be true. The focus on appeal is on ensuring that the trial was fair, and that the correct law was applied to the case.

 

Skills of an Appellate Attorney

 

Appellate attorneys must have a broad knowledge of the law that applies to their cases, so that they can determine if the lower court correctly applied the law. They must be skilled in selecting issues to appeal, knowing the realistic chances of success of each. Experienced appellate attorneys know better than to select weak issues or take a scattershot approach, making multiple arguments in the hopes that one will succeed.

 

In addition to carefully selecting issues for appeals, our attorneys are knowledgeable about appellate standards of review, or how much deference appellate judges must pay to the trial court's decision on a particular issue. Some types of rulings are harder to overturn than others, and our attorneys are mindful of that when preparing appeals.

 

Our attorneys are meticulous legal researchers and writers. This is critical because the written brief precedes oral argument and forms the appellate court's first impression of the case. When well-written, the appellate brief can offer the court the legal justification it needs to rule in our client's favor.

Deciding Whether to Appeal

Not all cases that end unfavorably will be successful on appeal. We carefully review prospective appellate cases. Our attorneys honestly and clearly discuss the merits of a given case with clients and offer straightforward opinions about whether an appeal would be worthwhile.  Ultimately, it is the client's choice.  If the client wishes to appeal, we will pursue it vigorously to its conclusion.

 

How does the appeal process work?

In criminal matters, the procedure for post-conviction appeal is different from the procedures of a criminal trial. Appeals are especially complicated and require legally sound written and oral arguments to convince the appellate court to reverse your conviction or grant you a new trial. Your criminal defense attorney may pursue an appeal on grounds such as:

• Ineffective assistance of counsel

• Procedural mistakes

• Discovery of new evidence

• Tainted evidence

• Prosecutorial misconduct

• Excessive sentencing or penalties

• Juror misconduct or other issues involving jury members

Are there deadlines to filing an appeal?

The time for filing a notice of appeal depends on whether a post-trial motion was timely filed, and if so, the date of its denial. The first thing our attorneys will do with you in consultation is review the timeline of your case and explain the deadlines to you.

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After a conviction in a criminal court your attorney has a limited amount of time to file post-trial motions and appeals. In Alabama, you may have as little as fourteen days to file a post-trial motion, or you have up to 30 days depending on the type of case. 

Civil Appeals

We offer clients effective appellate representation in all manner of civil cases, including:

• Family law matters, including property division and child custody decisions

• Personal injury cases, including product liability, medical malpractice, and premises liability

• Worker’s Compensation rulings

• Immigration decisions

• Business litigation

• Probate decisions

• Real estate litigation

• Social Security decisions

• Other civil litigation matters

Criminal Appeals

An unjust criminal conviction may negatively affect every aspect of one's life. Our appellate attorneys are skilled in reviewing criminal cases for trial court errors.  Under some circumstances, a new trial may be warranted. Our firm handles appeals for all levels of criminal cases.

The appeals process involves strict timetables, including time limits on how quickly after trial an appeal must be sought. Clients are urged not to delay in bringing a prospective appeal to our offices for review.

Call our Prattville, Rockford, or Alexander city office today

Our office hours are 8 am until 5 pm Monday through Friday with after hour and weekend appointments available upon request. Contact us today to schedule a consultation. You can reach us via phone or contact us online