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What Is Appeal and Why Should You File It?

An appeal is a petition given to the higher court by the losing party in a lawsuit to overturn the ruling given by the lower court by the post conviction lawyers. A writ is a directive from the higher court to the lower court or the government official to take action in accordance with the law. Then there is a writ of habeas corpus which is a judicial mandate to a prison official ordering that an inmate is brought to court. It is done to determine whether or not the person is imprisoned lawfully and whether they should be released from the custody.

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What Is Appeal and Why Should You File It?

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  1. An appeal is a petition given to the higher court by the losing party in a lawsuit to overturn the ruling given by the lower court by the post-conviction lawyers. A writ is a directive from the higher court to the lower court or the government official to take action in accordance with the law. Then there is a writ of habeas corpus which is a judicial mandate to a prison official ordering that an inmate is brought to court. It is done to determine whether or not the person is imprisoned lawfully and whether they should be released from the custody. The basis of an appeal should be a reversible error in the application of the law that took place in the trial court. In criminal cases, an appeal can target the conviction itself. In some cases, it may target the sentencing part of the decision

  2. without any regard for the conviction. But an appeal can be filed only after the trial court has reached a final judgment or order. The reason is efficiency so that the court system isn’t bogged down by delays. In an appeal, no new issues are presented or the witnesses called to testify. The appellate court only reviews the trial’s transcript and evidence presented during the trial to find out whether there were errors in the procedure or the application of the law. The judgment won’t be overturned in case of the harmless error. The simple answer is no, and there is no absolute right to appeal. Each state has laws which outline the type of cases that the appellate courts may review. There must be an error in deciding for an appellate court to review the case. Just because the losing party did not like the verdict is not a basis for the appeal. In the state court proceedings, the appellant or the petitioner ( the post- conviction lawyers hired) must file a notice of appeal within 30-days of the ruling. In federal court, the deadline is of 60-days. The court will analyze the arguments and decide whether there were errors of law made by the trial court. Whether the mistakes are reversible. The appellate court will overlook harmless errors.

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