Appellate Law California - FAQs
California appellate law and procedure is complicated. As a result, many potential clients are confused when it comes to the appellate process. As a service to her San Francisco, Contra Costa County and other California clients and potential clients, appellate attorney Julie Schumer offers the following general information regarding appellate law and procedure.
What is Appellate Law?
After a decision is rendered in a civil or criminal law trial by a trial judge or jury, the party who loses has the right to have the decision reviewed by a higher court. “Appellate Law” consists of the rules and practices by which a California higher court reviews a California lower court’s decision or judgment.
Appellate law is different than other forms of litigation in the respect that there is no discovery, and the appellate record is limited to what was already presented to the trial court. An appeal in California is typically presented to an appellate panel that consists of three judges. An appeal is usually decided almost entirely on the written briefs that are prepared by the appellate lawyer.
Appellate attorneys become involved in a case after a “final judgment” has been issued by the trial court. Appellate attorneys may also be involved in the following:
- Posting and challenging appellate bonds
- Writs of habeas corpus
- Writs of mandate, writs of administrative mandamus, writs of certiorari, and other forms of discretionary relief, pursuit of further relief on remand, post-verdict motions, and other issues.
- Assisting trial counsel in the preparation of pretrial and trial motions, pretrial writ relief and in ensuring that important issues are properly preserved for later appellate review.
What is an Appeal?
An appeal is the process by which a California higher court reviews the decision of a California lower trial court. The right of a party to a lawsuit to appeal an adverse legal decision is governed by the California Statutes and Rules of Court. The appeals system allows a higher court to overturn the decision of a lower court if the higher court is convinced that the lower court’s decision on a legal issue was not correct and that this error prejudiced the outcome. Anyone who has had an adverse court decision made against him or her is the party with the right to appeal. This applies to government agencies, corporations and other business entities, as well. The appealing party or the party that files an appeal is called the “Appellant.” The opposing party is referred to as the “Respondent.” It is important to keep in mind that not every lower court decision is appealable. Only “Final Judgments” are appealable to a higher court.
Why do I need an appellate lawyer, can’t my trial attorney handle the appeal?
The Court of Appeal in People v. Bailey (1992) 9 Cal.App.4th 1254, stated, “there is an inherent conflict when appointed trial counsel in a criminal case is also appointed to act as counsel on appeal.” In addition to the inherent conflict of interest, appellate work is a specialty area of the law that requires a unique set of skills including superior research and writing skills, and a superb understanding of the rules and procedures surrounding the filing and arguing of an appeal. After handling hundreds of appeals, appellate lawyer Julie Schumer has the necessary skill and ability to handle an appeal in a way that most trial attorneys cannot.
Should I appeal my conviction?
Anyone convicted of a felony in California is entitled to appeal his or her conviction and is entitled to a free copy of the record on appeal. The record on appeal consists of the contents of the Superior Court file (the Clerk's Transcript) and a verbatim record of the oral proceedings at the original trial (the Reporter's Transcript). The real question may be how to finance an appeal. Often the family of a loved one who has been convicted of a crime is at a loss to determine if their continued economic involvement in the case is a wise one. Very few criminal convictions are reversed in California annually and the cost of a private appeal can be high. Julie Schumer can help a family determine if they want to continue to invest in the case by doing a preliminary evaluation of the potential issues and their strength, as certain issues have a greater chance of prevailing than others.
If a defendant cannot afford to hire a private attorney for an appeal, he or she may be entitled to appointed counsel at no cost. A defendant in this position should consult his trial lawyer for information on the process of obtaining appointed counsel.
More Information on engaging Julie Schumer, including rates and fees.
If you or someone you know in San Francisco, California, Contra Costa County or anywhere in California needs the assistance of an experienced appellate lawyer then contact the Law Offices of Julie Schumer to schedule a consultation with a certified legal specialist in appellate law. She can be reached at 866-680-3412 or via her contact form in the left column.
