Monday, April 30, 2012

Probation Violations: What Can Happen To You

The purpose of probation is to test the criminal's behaviors and their ability to become active members of the society once again. When an offender is on probation, they are ordered to follow specific conditions that were set forth by the court, often times under the supervision of a probation officer.

Common conditions of probation would prohibit the offender from owning or using a firearm, they may have to abide by a curfew, they may have to remain actively employed, and they may be ordered to live at a specific location. They will usually be told to follow any orders made by their probation officer and this may include not leaving the jurisdiction and it can involve not having any contact with their victims (as in a domestic violence case).

Appeals Lawyer

They may also be prohibited from contacting any co-defendant or known criminals, they may be prohibited from drinking alcoholic beverages, prohibited from committing any further crimes and they may be forced to submit to a series of alcohol/drug tests, participate in drug, alcohol or psychological treatment and perform community service.

Probation Violations: What Can Happen To You

A defendant may get probation after they have completed a jail sentence, or they may get probation in lieu of serving time in jail. However, either way, probation is typically a component of a defendant's criminal sentence in California. There are two types of probation and they are:

· Formal Probation

· Informal Probation

With formal probation, the defendant is required to meet with their assigned probation officer on a regular basis, typically once a month. With informal probation, or summary probation, the defendant is required to meet certain conditions of their sentence and they are not required to meet with a probation officer under informal or summary probation. Probation typically lasts for three years; however, it can vary depending on the circumstances of the case.

When a term of probation is violated, it's no laughing matter. The penalties will vary depending on what occurred; however, a violation can mean a one way trip back to jail or the defendant's sentence can be reinstated. After a probation violation, an arrest can follow shortly afterwards. What happens next will depend on your San Diego criminal defense attorney as well as your history. When deciding how to punish you, the judge will consider if you have any prior probation violations, the nature of the violation, any new criminal activity committed by you, any aggravating or mitigating circumstances and the seriousness of the probation violation.

Not all probation violations are within your control. You might have been at somebody's house when the police were called, or an angry partner might have called the police on you with the intention of sending you back to jail even if you did nothing wrong. On the other hand, you may have accidentally violated a restraining order. Probation terms vary from person to person and so do the reasons for probation violations. If you had a perfectly valid reason or excuse for your violation, it will take a skillful attorney to present a convincing argument on your behalf. Otherwise, the judge can find you guilty and send you back to jail.

A probation violation can result in heavy fines, jail time and extended probation. If you violated your probation, it would be in your best interests to discuss your matter with an attorney as soon as possible. An experienced lawyer will know how to present your case in front of the prosecutor and the judge in a light that is more favorable to you. When your future is on the line, you need to do what you can to keep yourself out of jail and in the community where you belong.

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The Law Offices of Aaron T. Hicks is a criminal defense firm located in San Diego, California. Their firm has effectively helped clients with all types of criminal charges in the San Diego area including: DUI, drug crimes, internet crimes, theft crimes, three strikes cases, weapons offenses, white collar crimes as well as violent crimes and appeals. Should you go with their firm, they will search for any mitigating circumstances that may get your charges reduced or dropped. What's more, they will question every aspect of your case, including law enforcement's procedure, collection of evidence and witness testimony. They care about the outcome of your case and they will fight tooth and nail on your behalf. To contact a San Diego criminal defense attorney at the firm call (619) 519-7400 today or visit the firm's website at http://www.SanDiegoCriminalDefenseFirm.com.

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Sunday, April 29, 2012

Social Security Disability Law Firm| Miami Florida Attorneys

If you've been denied for social security benefits, contact the Social Security Disability Law Firm in South Florida. We help Florida residents get the benefits they need. Call us at 866-MY-DISABILITY or visit www.SocialSecurityDisabilityLaw.net



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"Sample Appeal Letter To IRS" Need To Appeal An Audit And Need A Sample Letter?

Click Here: www.taxproblem.org We can provide you with a sample appeal letter to the IRS. Don't be lead to believe that you need an expensive lawyer to handle yours IRS matters. In most cases, an experienced CPA is your best choice for representation. Joe Mastriano, CPA has been in conducting...



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Friday, April 27, 2012

Chavez & Valko - Dallas Immigration Lawyer and Attorney - Motion to Reopen, BIA & Green Card

Chavez & Valko LLP Dallas and Fort Worth Immigration Law Firm successfully reopened a deportation with the Board of Immigration Appeals, and obtained a permanent residence for our client.



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Thursday, April 26, 2012

Sacramento Labor Lawyers - Mastagni, Holstedt, Amick, Miller & Johnsen

California Attorneys www.mastagni.com For over 35 years, the law firm of Mastagni, Holstedt, Amick, Miller & Johnsen has served clients in Sacramento and throughout California in a wide range of civil law matters, including labor and employment law, wage and hour litigation, personal injury, workers' compensation, disability retirement, Social Security disability appeals, and public employment contract negotiations.



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Court Martial - Military Lawyer - UCMJ Attorney Greg Rinckey - Tully Rinckey

Military Court Martial Attorney Greg Rinckey of Tully Rinckey PLLC provides advice when facing charges under the UCMJ. Visit our website at www.fedattorney.com for more information, and/or to schedule a consultation. At Tully Rinckey, we have attorneys with vast knowledge of Military Criminal Law. Greg T. Rinckey is a former Army JAG lawyer who served as a prosecutor, defense attorney and appellate defense attorney. With countless military jury trials behind him, Greg Rinckey knows how to best present your case and protect your interests.



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Wednesday, April 25, 2012

Should I Take a DUI Breath Tests| Illinois Dui Attorney

Although breath analysis is probably the most commonly used technique by law enforcement in attempting to establish whether or not a suspect was driving with alcohol in the system beyond a legal limit, the reliability of the tests has been called into question. Some scientists and experts think that breath tests, as they are currently administered by police, are very inaccurate, as far as their ability to measure blood alcohol content or BAC. Some courts have thrown out breath test results because of their unreliability. In 2002, the Washington Supreme Court ruled that a woman couldn't have her driver's license suspended because of possible problems with the reliability of an alcohol breath test. The woman challenged an administrative suspension of her driver's license. The case focused on the reliability of thermometers used in breath-test machines. The thermometers are used to test the machines' accuracy. Operators test the machines by getting a reading from an alcohol and water mixture. That mixture must be kept at 34 degrees centigrade, and that is where the thermometer comes in. The Supreme Court ruled that because evidence wasn't produced to show that the thermometer on the machine used to give the woman a breath test had been certified as reliable, her license couldn't be suspended. At least one court has even reversed DUI convictions on the grounds that breath tests are inherently unreliable. In State v. McGinley, 550 A.2d 1305 (NJ Super. 1988), the New Jersey ...



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Monday, April 23, 2012

Albany NY Bankruptcy Dismissal Attorney - Saratoga Debt Relief Lawyer - Chapter 7 - Chapter 13

Our Albany bankruptcy lawyers can assist clients with foreclosure, mortgage issues, chapter 11, chapter 7, chapter 13 etc. Our bankruptcy and foreclosure defense lawyers routinely practice in bankruptcy courts in Troy, Clifton Park, Saratoga, Schenectady and Albany, New York. Bankruptcy FAQ: What does it mean if a case is dismissed? A dismissal order ends the bankruptcy case before a discharge order enters. When the court dismisses the case, the automatic stay ends and creditors may start to collect debts again. An order of dismissal does not free the debtor from any debt. The most common reason for dismissing a case is because the debtor has failed to do something that he or she is required to do (such as appear for the meeting of creditors or timely file all required documents). Unless the debtor appeals the order or seeks reconsideration of the order of dismissal within ten (10) days, the clerk will automatically close the case. Visit albany-ny.tullylegal.com for more legal information and assistance in Bankruptcy. Our lawyers are admitted to practice in all City / Village / Town Courts in and around Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady ...



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Sunday, April 22, 2012

Professional Tax Attorney To Solve Your Tax Problems

www.MartelleLaw.org - A leader in resolving the IRS problems of individuals, couples and businesses with over 10 years of experience in tax law. Visit the website today and get help in overcoming tax-related difficulties.



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Saturday, April 21, 2012

About MarcusBonsib Greenbelt Maryland Criminal Law Lawyers Washington DC Civil Litigation Law Firm

www.robertbonsib.com 301-441-3000 MarcusBonsib has an excellent reputation among the legal community in the Greenbelt, Maryland area. The law firm provides the highest quality of legal services. Contact us for criminal law, litigation & more.



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Friday, April 20, 2012

The First Amendment Right to Record Cops

LIONEL NY's PIX 11 News Commentary Aired: September 2, 2011 The First Circuit ruled in favor of a citizen's right to record cops arresting and beating the hell out of citizens. Huzzah!



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Wednesday, April 18, 2012

The Role of Government Attorneys, Pt. 8

The Federalist Society's Professional Responsibility Practice Group hosted this panel discussion on The Role of Government Attorneys and the Global War on Terror at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Mr. Miguel A. Estrada of Gibson, Dunn & Crutcher, LLP; Prof. W. Bradley Wendel of Cornell University Law School; and Judge Diane S. Sykes of the US Court of Appeals for the Seventh Circuit. Part 8 of 10



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Tuesday, April 17, 2012

In the Matter of Lutz and Fonteneau

Oral argument before the New Hampshire Supreme Court



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Monday, April 16, 2012

Tenenbaum Lawyer Charlie Nesson Trial Webcast

The Harvard Law professor and students who are defending Joel Tenenbaum from the RIAA lose their bid to have the entire case webcast. The trial judge approved of the idea, but the First Circuit Court of Appeals sided with the RIAA and said it would not be allowed. Harvard Law's Charlie Nesson has been trying to bring radical transparency to his defense of accused file-swapper Joel Tenenbaum. This has taken the form of posting audio comments from his wife, posting e-mails from his legal advisors, and-most crucially-seeking to have the entire trial (if there is a trial) webcast gavel to gavel. RIAA lawyers have opposed the webcasting plan, appealing the issue to the First Circuit Court of Appeals. That august body has just ruled: there will no webcast of the trial. source: Ars Technica before the ruling Scott talks with Charlie Nesson about why he wants the trial to be webcast.



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Finding Experienced Appeals Lawyers

In the United States court of law, if a person or party is involved in litigation or legal action, and is dissatisfied with the verdict or result from that litigation, they have the right to 'appeal' that decision to a higher court. An appeal is a challenge, or dispute, of the original verdict. Because an appeal case is very different than a typical court case, and because the appeals process needs to follow a very specific protocol, finding experienced appeals lawyers to handle the case is very important.

If a person does decide to appeal his/her case, it must be done immediately after the conviction takes place. The appeal itself is a written document that lets the higher court know that the defendant will be appealing his/her conviction. If an appeal is not entered immediately, or if the notice is not filed, the defendant may not be able to file an appeal at a later date. And this is why appeals lawyers are so important.

Appeals Lawyer

The appeals process differs from a normal trial in several ways. In the appeals trial, referred to as a hearing, there is no jury, and the appeal is focused on an appellate brief which is filed by the defendant's lawyer. The appellate brief presents the defendant's argument on why the verdict in the original trial was incorrect, and also the other party's argument on why the verdict was okay. The judge will question each of the appeals lawyers about the brief, and may allow a short time for oral arguments. In an appeal hearing, there are typically many referrals to precedents set in other trials and court cases.

Finding Experienced Appeals Lawyers

Because of the strict steps and protocol that are demanded in an appeals case, having experienced appeals lawyers who have dealt with them before can increase your chance of success. These lawyers have experience with appeals and finding problems or mistakes with the original trial that can be used as the basis for an appeal. They are familiar with arguing on precedents set in other cases. The appeals process is very lengthy, so both parties should be prepared in terms of time and cost.

Finding appeals lawyers with experience is often done by referrals and word of mouth. Ask friends, co-workers, business professionals, or other lawyers. Public interest groups and non-profit groups may also give suggestions. Most State Bar Associations provide lawyer referral services that can give a list of appeals lawyers in your area who are available for consultation. Appeals lawyers usually charge a small amount of money for initial consultations, although some may provide a free consultation. If you can't afford a lawyer, check with a local free Legal Aid agency to find out what your options are.

If a party feels they have been wrongfully sentenced during a court trial, or if he or she doesn't agree with the outcome, then he or she should talk to an appeals lawyer immediately so that the lawyer can determine if there is a basis for appeal, and file the appeal notice immediately. Having experienced appeals lawyers on your side can make the difference in the outcome of the appeals hearing.

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Sunday, April 15, 2012

Legal Solutions - Judges Don't Have Free Time

A woman calls in saying if we have made an appeal and he went on that basis, our man. They havent told us anything but how long is it until they post a letter. Harjap says 4 to 8 weeks. The woman says 4 to 8 weeks, they dont tell you there and then. Harjap says no not then. The woman says our papers were fine, the people who sponsored were a nursing home and the date was 30th July. Harjap says dont wait for it yet, it will take about 2 months. The woman says for the letter to come? Harjap says yes. The woman says ok in a disappointed manner and says we dont know if the visa was given or not. Harjap says dont tell you, they have to read the whole file and then make the decision, not just on the spot like magic. The woman says it was a work holiday visa and we just wanted to ask that, with the appeal from India and the papers were sent from here. Harjap says did you get a lawyer from here. She says yes, from here. Harjap says it is fine then. The woman says dont they even tell the lawyer. Harjap says they do when the decision is made. The woman says afterwards, after 4 to 8 weeks. Harjap says yes. The woman says ok and bye. Harjap says the judges dont stay free, they have 10 cases a day to look at and then they even have to write about it, poor them.



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Saturday, April 14, 2012

Howard Nations on the DePuy hip implant recall

Prominent attorney Howard Nations appeals to his potential clients by being the most knowledgable and well-prepared choice for lawyer in the DePuy hip implant recall litigation. This knowledge and preparation are combined with green screen and custom animation and editing for an educational marketing asset.



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Thursday, April 12, 2012

5 PI Personal injury Attorney lawyer truck Car accident Stamford Hartford Waterbury Norwalk CT ELOC

www.connecticutinjuryhelp.com 860.560.7226 How will someone know if they should settle their case or take it to trial? You're going to have to do that collaboratively. (Transcribed from video Q&A interview with Attorney Paul Levin, CT Personal Injury www.connecticutinjuryhelp.com) (Attorney Paul Levin) You're going to have to do an analytical chart what are the benefits of settling it now, assuming you know what your range of settlement possibility is. And then you're going to havey our lawyer to look at verdicts and similar situations and tell you what you might be looking at if you go to trial. And then taking that into account you're going to have to say what's in your best interest now because you might be looking a one or two year delay if you should not take a settlement at acertain point and you'll have to be willing to live with that decision and the appeals and the necessary difficulties that are involved. It is not easy to go through a whole trial but it certainly rewarding some of the most satisfying outcomes, frankly, in my practice, my professional career, have been where people who really didn't want to go through a trial but they just didn't have a better alternative, they've done it and thereafter they've been able to put some of their kids through college or able reorient their lives and adapt their lives where they can actually enjoy it. Some of those people are actually my friends to this day, I mean we don't see each other regularly, whenever they need ...



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Mental Retardation Disability Case in Pennsylvania

Leventhal Sutton & Gornstein takes on cases that other attorneys find too difficult. One such case involved an individual who had been trying to claim disability benefits for his mental retardation for many years, but his disability was not being recognized. Our firm took on his case and through our efforts at the US Court of Appeals, this client finally received recognition of his disability and benefits going back all the years since he first applied. We find it rewarding to help those who have nowhere else to turn and those who have been turned down at every juncture in the past. Contact Leventhal Suton & Gornstein at (215) 357-3300 or (800) 889-6101, or online at www.lsg-disabilitylaw.com .



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Wednesday, April 11, 2012

Illegal immigrants could sue the federal government

Michael Feldenkrais Immigration Attorney News, consultations and information 1-888-783-6687 www.YourUSVisa.com www.SuenoAmericanoUSA.com



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Tuesday, April 10, 2012

Reasons Your Security Clearance Could Be Revoked or Denied

Security Clearance Lawyer Lance Claery discusses some of the reasons why your security clearance may have been revoked or denied. The Law Firm of Claery & Green handles all aspects of Security Cleance matters including Denials, Revocations, Appeals, Application Preparation and more throughout the United States. You can contact Claery & Green at www. SecurityClearanceAdvocates.com or by calling 877-756-4111.



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Sunday, April 8, 2012

Maddow: Conservative Republican Super-Lawyer Ted Olson: The Best Defense Ever Of Gay Marriage

Clip from February 8, 2012, The Rachel Maddow Show where Rachel interviews conservative Republican super-lawyer and legal icon, Ted Olson, fresh from his (and his liberal co-counsel, David Boise's) victory in the federal 9th Circuit Court of Appeals upholding a lower federal District Court decision declaring the anti-gay-marriage California Proposition 8 to be unconstitutional. Olson gives a powerful and as well-reasoned best defense ever of gay marriage as you are likely to hear anywhere/anytime.



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Saturday, April 7, 2012

民声民怨3.第二段Part 2 of 3 Aggrieved Interviewed by UY

第三集,新加坡司法态度需要大改进。官威难道可以靠牺牲民冤来制造吗?华语访谈冤案苦主。法院明知冤错不愿意翻案。推托掩盖。用官威来镇压声冤的律师和苦主。



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Friday, April 6, 2012

Seattle Appeals Lawyer Washington Appellate Law Attorneys Bellevue Law Firm

www.loccc.com 888-819-0420 The Law Office of Catherine C. Clark handles appeals in Seattle, Washington. Appellate law requires creative arguments based on law and facts of the case. Contact us for experienced appellate representation.



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Wednesday, April 4, 2012

George Galloway interviews Craig Trebilcock on Westboro Baptist Church

www.youtube.com From BBC News: The US Supreme Court has ruled an anti-gay church has the right to picket military funerals under the US constitution's free speech protections. The court ruled 8-1 for the Westboro Baptist Church, throwing out an earlier $5m (£3m) judgement awarded to the father of a fallen US Marine. Members carried signs denouncing the US for its tolerance of homosexuality. Chief Justice John Roberts wrote church members' speech cannot be limited "simply because it is upsetting". 'Inflicting great pain' "What Westboro said, in the whole context of how and where it chose to say it, is entitled to 'special protection' under the First Amendment, and that protection cannot be overcome by a jury finding that the picketing was outrageous," Justice Roberts wrote on Wednesday for the court. Church members, led by the Reverend Fred Phelps, have picketed outside numerous military funerals to draw attention to their view that US military deaths in Iraq and Afghanistan are punishment for the immorality of Americans, including tolerance of homosexuality and abortion. "Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and - as it did here - inflict great pain," Justice Roberts wrote. "On the facts before us, we cannot react to that pain by punishing the speaker. As a nation we have chosen a different course - to protect even hurtful speech on public issues to ensure that we do not stifle public debate." Lance Cpl Matthew ...



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Tuesday, April 3, 2012

EDITOR-IN-CHIEF'S APPEALS NOT GRANTED

On November 3rd, Baku Appeals Court heard the appeals filed by Khural newspaper editor-in-chief Avaz Zeynalli. Zeynalli was appealing against Nasimi District Court's pre-trial sentence and searches in his house and editorial office. Judge Gail Mammadov presided over the hearing. Although Avaz Zeynalli's attendance was ensured, the media representatives and the journalist's relatives were not allowed to observe the hearing that was not open to public. After the hearing, the journalist's lawyer Elchin Sadigov told Objective TV that none of the appeals was granted. The lawyer noted that they will take the pre-trial sentence appeal to the European Court of Human Rights. He added that they will go to the courts of higher instances to complain of the searches implemented in the journalist's house and office. On October 28, Nasimi District Court sentenced the editor-in-chief of Khural newspaper Avaz Zeynalli to 3 months ofpre-trial detention. A criminal case was launched against him under Article 311.3.3 (reception of bribe in large amount) and 311.3.4 (reception of bribe with application of threats) of the Criminal Code by the Anti-Corruption Fight Department under General Prosecutor's Office. The launch of criminal case stems from the complaint of MP Gular Ahmedova. The latter has declared that the editor extorted money from her. International and local human rights organizations consider this charge as false and have made statement saying Zeynalli's arrest is for articles ...



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Monday, April 2, 2012

Bates Veterans

VA Denial May Be Appealed to Court. Congress established the Court of Appeals of Veterans Claims in Washington, DC in order that veterans may have their VA denied claims reviewed by a Court independent of the VA. If you are a veteran whose claim has been denied by the VA, you may have the right to appeal to the Court. No Fee for Representation at the Court Our firm represents veterans—at no cost to the veterans—in their appeals to the Court. If we are successful with your case, we apply to the Court to approve a legal fee to be paid directly and solely by the VA. If your appeal is unsuccessful, there is no legal fee at all. Free Individualized Appeals Explanation To receive an individualized explanation of the VA appeal steps in your VA claim, visit www.batesvets.com.



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Sunday, April 1, 2012

What is Texas Appellate Law?

The following is an overview of the Texas appellate law as well as the Fifth Circuit appellate law. Every step of an appeals process can involve numerous and complex issues or they can be resolved rather simply. The following overview is intended to be simply that, an overview.

In Texas courts a decision by a district judge can be appealed to the Court of Appeals and then to the Texas Supreme Court. If a case is in federal court, a decision by the federal district court can be appealed to the 5th Circuit and then the United States Supreme Court.

Appeals Lawyer

All cases begin in a trial court, before they ever reach an appellate court. The trial judge has the ability to dismiss the case on the pleadings early in the litigation as well as dismissing it after a summary judgment motion well into the litigation. The case has the potential of being tried before a judge or a jury and a final judgment could be entered after a full trial. And in some cases, the trial judge will enter a judgment that is different than the jury's verdict. But at some point, the proceedings in the trial court will come to an end. And at that point, a party unhappy with the outcome, typically the losing side, but sometimes even the winning side, has the opportunity to appeal.

What is Texas Appellate Law?

An appeal is placed in motion with the filing of the notice of appeal in the trial court. The party appealing, which is referred to as the appellant, must also designate an appellate record. The appellate record consists of materials from the trial court that the appellant would like to present to the appellate court and use in appeal.

Appellate Panel and Oral Argument

An appellate panel decides appeals. The Texas Court of Appeal and the Fifth Circuit decides cases in three-judge panels. These judges are chosen randomly from the pool of available appellate judges on the courts. In appeals to state supreme courts and the U.S. Supreme Court, the entire court usually hears the appeal. State supreme courts typically have seven justices, and the U.S. Supreme Court has nine justices.

Once the briefing is completed, the appellate court will hear oral argument. The time between the close of briefing and oral argument varies tremendously between different courts. The Texas Courts of Appeal typically will set oral argument a few months after the close of briefing; the Fifth Circuit often takes well over a year to set oral argument. The Fifth Circuit, however, often decides cases without oral argument.

The oral argument in the Texas Court of Appeal is at most 30 minutes and is usually about 5 - 15 minutes. The Fifth Circuit usually sets oral argument at 10 minutes, but sometimes 20 minutes. By the time of oral argument, the judges on most appellate courts will have read the briefs, had at least one of their research attorneys or clerks prepare a bench memorandum discussing the issues, and often discussed it among themselves.

The lawyers at oral argument usually focus on just the most important aspects of their case, and the judges will frequently ask questions. This is not the time to reargue the entire case.

At the close of oral argument the case is submitted to the appellate court for a decision.

Briefing

In a standard appeal process, the parties will file a total of three briefs with the court.

The appellant begins with the 'opening brief.' The appellant's opening brief will explain the facts and procedural history of the case, and then explain what went wrong in the trial court and why the appellate court should reverse the earlier decision.

Next, the non-appelling party, who is called the appellee, will file a responsive brief. In this brief, the appellee or respondent basically explains the facts and the procedural history of the case and then argues why the trial court reached the right result and why the appellate court should not reverse the decision.

Finally, the appellate can file a reply brief. In this brief, the appellant has the opportunity to argue why the respondent's claims are wrong. However, the appellant may not make any new legal argument in the reply brief; the appellate can only "reply" to the respondent.

All briefs must contain proper citations to legal authorities (cases, statutes, etc.) and proper citations to the appellate record.

Standards of Appellate Review

An appeal does not mean that a new trial has been granted. The appellate courts do not retry cases or hear new evidence, they do not even hear new legal arguments. Instead, appellate courts review what occurred in the trial court to see if the proper procedures have been followed and the proper law has been applied. Because of the restricted nature of this review, the issues that are raised on appeal are normally significantly different from those that are raised at trial.

In most cases, the appellate court will turn to the trial court or jury on factual issues. However, the appellate court determines and decides the definition of the law. On issues of law, the interpretation of prior case law, or a statute, or the Constitution, the appellate court will not defer to the trial court but will instead independently decide the issue.On an appeal if there is a pre-trial dismissal after a summary judgment motion or a demurrer, in most of these situations, the appellate court will review the materials and independently decide whether the case should have been dismissed or whether it should have been allowed to go to trial.On an appeal from a judgment after a trial, the appellate court will reverse the judgment only if it finds the trial court committed legal errors that were prejudicial which means the outcome would have been different during the trial. It should be noted that minor legal errors are normally not reason enough for a reversal. This rule is often referred to as the harmless error rule.

Decision

The appellate panel issues a written opinion which explains how it came to the decision that it did. Similar to the time between briefing and oral argument, the time between oral argument and the written decision can vary greatly between different courts. The Texas Court of Appeal has 90 days to issue an opinion, although they have the option of resubmitting the case and extending their time by 90 days. The Fifth Circuit has no deadline, and the time can vary tremendously.

If the appellate court deems it appropriate, the written opinion will be published in the official reports and will be binding authority for litigants in the future.

Rehearing by the Appellate Court

Any party that is dislikes or is disappointed with the opinion has a brief time window in which to request that the appellate court rehear the case. (When the time window closes, the appellate court loses jurisdiction to rehear the case.) Because of this, these petitions are almost never granted. If the arguments have already been made and considered, the court will more than likely not consider them again. And if the arguments have not already been made, the court probably won't consider new argument.

But, in very rare cases, the appellate court may have misunderstood the law or the applicable facts of the case. (Note: this is not the same as understanding but disagreeing with a party's claims about the law and the facts of the case.) If this is the situation, the appellate court has discretion to rehear the case.

Review by a Higher Court

A party who is dissatisfied with the results on appeal can also petition a higher appellate court to review the case. In Texas, this would be the Texas Supreme Court, and in the Fifth Circuit, it is the U.S. Supreme Court. (If a federal issue is involved, the U.S. Supreme Court can take cases from the Texas courts.)

With a few exceptions (like death penalty appeals), the Texas and U.S. Supreme Courts are not required to take any particular case; they choose what cases they will decide. The courts generally do not view themselves as simply providing a second layer of appellate review. Instead, they view themselves as insuring uniformity in the law in important issues. As a result, the Texas and U.S. Supreme Courts are likely to take cases where the lower courts have reached different conclusions on the same issue. They are not likely to take a case merely because the appellate court reached the wrong result.

Consequently, the petition asking the higher court to take review must be carefully drafted with this in mind.

Interlocutory Appeals and Appellate Writs

Most appeals involve cases that have been concluded in the trial court, but there are times when a party can appeal from a trial court order before the case is over. In the Fifth Circuit, these are called interlocutory appeals. In the Texas Court of Appeal, these are technically not appeals at all, but are original proceedings, called writ petitions, asking the Court of Appeal to issue an order (or writ) directing the trial court to modify one of its orders. The circumstances in which a party can file an interlocutory appeal or a petition for an appellate writ vary from court to court and are often very technical.

That defines what Texas Appellate Law is; I'd like to thank Diamond McCarthy LLP for taking the time to answer my questions as I wrote this piece. If you have further questions or inquiries you should speak with a lawyer in your area today or check with a law library in Texas.

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