Federal appellate work is different than regular appellate work
because it is governed by Federal Rules, as opposed to state rules.
Additionally, the attorney doing the appeal must be licensed in the
appellate court that is hearing the appeal. In federal cases, the
same court hears both civil and criminal cases, so the procedure is
similar.
FEDERAL CIVIL APPEAL
In a civil appeal, the Notice of Appeal must be filed within 30 days
of the entry of judgment. Additionally, a designation of
record, evidence that the transcripts have been ordered, and docketing
statement must be transmitted to the court. The filing fees must
also be paid or the appeal will be summarily dismissed.
Once the court has these documents, the court enters a scheduling order
that governs how the appeal proceeds from this point forward. As
with state court appeals, normally no new facts are introduced in this
appeal. In this appeal, the appellate court gives deference to
factual issues determined by the trial court, but gives no deference to
the application of law to those facts.
FEDERAL CRIMINAL APPEAL
Federal criminal appeals are different from their state counterparts in
several ways. First the Notice of Appeal, designation of record,
evidence of ordering transcripts, and docketing statement must be filed
within 14 calendar days of the entry of judgment. As with
civil appeals, a filing fee must also be paid, unless the court has
permitted the defendant to proceed in forma pauperis.
Like other appeals, no new facts are introduced in this appeal. In
this appeal, the appellate court gives deference to factual issues
determined by the trial court, but gives no deference to the application
of law to those facts. Unlike state court criminal appeals,
ineffective assistance of counsel is not raised in direct appeal in the
10th Circuit.
As with all appeals, issues not raised on direct appeal are waived.
It is therefore essential that all issues to be raised are identified.
You need a talented and skilled appellate lawyer who can review the
case, identify all of the issues that need to be reviewed on appeal, and
effectively present those issues to the appellate court.
Contact John Dunn to discuss your case.
