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Not every case ends with a jury’s verdict or a judge’s decision. Most litigants have a right to appeal from a final decision,  such as a judgment or verdict.  An appeal is the process by which the final decision is reviewed to determine if an error was committed.  Most often, appeals are taken from a lower court to a higher court, but sometimes appeals involve the review of an administrative agency’s decision by a court of law.  The process and rules governing an appeal can vary significantly depending upon the type of case being appealed (civil, criminal, or administrative) and the jurisdiction to which the appeal is taken.

Who can appeal?

In civil or administrative matters, any party to an action can file an appeal of the final decision.  However, in criminal matters, only the defendant can appeal a guilty verdict and no appeal is permitted from an acquittal; though either side may appeal any sentence that is imposed (unless the right to appeal has been waived through a guilty plea).  With few exceptions, there is generally one appeal as a matter of right, with any further appeal (i.e.,  from a lower appellate court to a higher appellate court) being at the discretion of the higher court.

Reasons for Appeal

An appeal cannot be taken merely because one party is unhappy with a verdict or final decision.  The party filing the appeal must have a legitimate reason for claiming that an error has been made.  Common grounds for an appeal include that an error of law was made, such as the improper exclusion or admission of evidence, or incorrect instructions to the jury; or that the evidence presented is insufficient to support the verdict; or that the amount of damages awarded (in a civil matter), or the sentence imposed (in a criminal matter) is excessive. 

The Appellate Process

The procedural rules governing an appeal can be very detailed and complex, and a failure to adhere to such rules can jeopardize an appeal.  The first step in an appeal is the filing of an initiating document that is commonly known either a Notice of Appeal or a Petition for Review.  There are normally other preliminary steps that must be satisfied, but in all appeals it will eventually become necessary to file a brief detailing the arguments in support or defense of the appeal—and the briefs usually have very specific structural and content requirements that must be satisfied.  Oral arguments may also take place, but in most appeals they do not.  Hiring an attorney to ensure that all the steps and requirements of an appeal are properly satisfied is certainly advisable.

 

If you need the assistance of an experienced appellate law attorney, please contact Gess Mattingly & Atchison P.S.C.   Since 1954, the firm has been representing clients throughout the Commonwealth of Kentucky, and has grown to become a full-service law firm with the ability to serve a diverse clientele in a variety of practice areas, including, but not limited to: Appellate Law; Bankruptcy & Financial Restructuring; Business & Commercial Law; Commercial & Residential Real Estate; Criminal Defense; Equine Law; Family Law; Health Care Law; Litigation; Mediation; and Tax, Trust & Estate Planning. Call (859) 252-9000 to request a consultation, or visit their website to learn more about the legal services they perform. This is an advertisement.

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