The firm handles a variety of appellate cases at both the State and Federal level. Mr. Ross recently handled the complex federal appeal for a defendant in the case of United States of America v. Reagan, et al., a high-profile public corruption case. He also argued the case before the Fifth Circuit Court of Appeals.
Our trial experience combined with our research and writing skills allow us to communicate the pertinent issues on appeal and provide the practical arguments, in a simple and concise manner, for the appellate court’s consideration. If you are needing a criminal defense appellate attorney to thoroughly review your case and conduct the necessary legal research to put together a well-reasoned brief for the appellate court’s consideration, we can help.
Why An Appeal?
Being a criminal defense appellate attorney is about providing the check and balance necessary to give a client every opportunity to have their case reviewed and heard by a higher authority than district or county courts after an unfavorable decision or conviction. Often times juries and trial judges make the right decisions, but there are times when they do not. When they do not, cases go up on appeal challenging the rulings and decisions of the trial court as well as the final verdict by a jury after trial. Perhaps the judge’s ruling on a material matter was erroneous admitting evidence that the jury should not have seen or heard, or the judge excluded evidence that a jury should have been able to consider. Maybe, the jury convicted based on emotion rather than the evidence in the case being sufficient to support a guilty verdict. There are many scenarios that could have led to an unjust verdict or punishment. A direct appeal is the legal avenue to have those decisions and issues reviewed by a higher court.
Preparing The Appeal
In his State and Federal appellate practice, Ross will gather the court file, review the transcripts of the case proceedings, look for issues to be argued and research those issues in order to draft a well-reasoned and legally and factually supported appellate brief. It is important to note that the appellate court will only review those matters that are in the record, i.e. court file and transcripts. If there was not something presented in a motion or at a hearing, the appellate court will not consider it on direct appeal. An appeal can be thought of as a review of the “four corners” of the documents and transcripts filed in the case.
Call or email to setup a consultation to review your appellate needs. 214.731.3151.