If a court decision did not go your way, you may have the right to pursue an appeal. Appeals are not about retrying a case or presenting new evidence. Instead, they focus on identifying legal or procedural errors that affected the outcome. Because appellate deadlines are strict and the legal standards are exacting, experienced appellate representation is critical.
At Brown Dunning Walker Fein Drusch PC, our appellate attorneys represent clients in civil appeals and in defending against appeals brought by opposing parties. We evaluate trial records, identify appealable issues, and present persuasive written and oral arguments before Colorado's appellate courts. If you are considering an appeal or responding to one, our litigation team can review your options and guide you through the process.
What an Appeal is and When it is Available
An appeal is the process of asking a higher court to review a lower court's decision regarding a case. Not every case is eligible for appeal. There is evidence of any errors in law or legal procedures. During the appeal, no new evidence will be presented, and no witnesses will be called to testify. Instead, an appeal is the process of examining alleged errors committed in the lower court.
Grounds for Appeal in a Civil Case
The grounds or reasons for a civil suit may comprise any of the following:
Legal Errors That May Support an Appeal
A legal error may occur if improper jury instructions were given, if there was a misinterpretation of the law, or if there were Constitutional violations. For instance, an unreasonable search and seizure (a Fourth Amendment violation) can occur if a person's property is searched without a valid search warrant or the person's consent. This is evident in cases where the government is a party to the suit.
Procedural Errors in Trial Court Proceedings
A procedural error may include improper service of process, mistakes in voir dire that fail to identify potential juror biases, or failing to follow court rules. For instance, under Colorado Rules of Evidence Rule 403, evidence should be excluded at trial if there is a danger of misleading the jury or of formulating an unfair prejudice against either party.
When Juror Misconduct Justifies Appellate Review
Evidence that jurors discussed the case outside the courtroom, failed to tell the truth during voir dire, or conducted experiments to test the validity of the evidence all point to juror misconduct. Proving juror misconduct is challenging, requiring that you have convincing evidence to show that a juror's behavior did impact the fairness of the trial. In many situations, the case may be remanded to the lower court for a new trial.
What Appellate Representation Involves
Legal procedures are inherently complex, making it essential that you hire legal representation. To appeal a case in Denver, Colorado, an attorney must be admitted to the bar of the applicable appellate court, allowing them to represent clients in court.
A civil appeal has two parts, a written brief and an oral argument. Below, we discuss the importance of each.
The Role of Written Appellate Briefs
In the written brief, your attorney will present the key facts of your case, the law that applies, and how the court's decision was in error (in other words, how the law was inaccurately applied). The court implements strict formatting rules that must be followed. In addition, the court will want to see appropriate use of legal language and for the writer to be clear and concise in discussing the legal issue. An inadequately written brief can result in your appeal being dismissed.
Oral Arguments Before the Colorado Appellate Courts
In civil cases, a three-judge panel will hear oral arguments in the Colorado Court of Appeals or the Colorado Supreme Court. During oral arguments, each attorney will present their legal arguments to the court. Oral arguments are the crux of appeals cases, permitting judges who have read each side's brief to clarify any questions they have before making their final ruling. The appeals court can affirm, reverse, or remand the lower court's decision, in whole or in part, for further proceedings.
Experienced Appellate Advocacy When the Stakes Are High
The judicial system is designed to ensure fairness, but there are times when it falls short of that standard. Even if a legal or procedural error did occur, the error must be material, or significant enough to impact the case outcome. Unfortunately, showing the significance of a legal error requires solid evidence, which can be hard to find if you are unsure what you are looking for.
At Brown Dunning Walker Fein Drusch, PC, our appellate attorneys in Denver, Colorado, have assisted numerous clients in forcing the legal system to keep to its word. Appealing a lower court's decision means much more than just looking out for yourself; it also seeks to pursue justice for others facing the same circumstances. If you would like to discuss pursuing an appeal or other legal options, do not hesitate to contact our legal team online or by calling (303) 239-3363 today.