When a legal decision doesn’t go in one’s favor, there is often recourse available through the process of filing an appeal. It’s a procedure that provides an opportunity to challenge a previous ruling and seek a different outcome.
Understanding the grounds for appeal is crucial, as they form the basis for initiating such a legal process. According to Craig, Terrill, Hamm, Grossman & Erwin, LLP’s appellate lawyers in Lubbock, Texas, the following are some of the most common reasons people appeal a case:
Errors of Law
One of the primary grounds for filing an appeal is based on mistakes or errors of law that occurred during the original trial. When the judge misapplies or misinterprets the law, it can impact the outcome of a case. Appellants can argue that these legal errors prevented a fair and just resolution and request that the higher court review and correct the mistake.
Errors in Procedure
Appeals can also be sought if there were errors in procedure during the trial. These mistakes may include incorrect jury instructions, improper admission or exclusion of evidence, or violations of the rules of procedure.
Errors of Fact
If the judge or jury misunderstood the facts, there could be grounds for appeal. However, it’s important to note that proving factual errors can be challenging, as courts generally defer to the lower court’s findings of fact. The court will only look at issues that either have substantial evidence showing they were incorrect or clearly erroneous.
Constitutional Violations
Appeals can also be based on constitutional violations. If a party believes that their constitutional rights have been infringed upon, they can raise this issue on appeal. Common constitutional violations may include violations of the right to a fair trial, the right to counsel, or violations of due process. Appellants must provide compelling evidence of these violations and demonstrate how they impacted the outcome.
Contact Craig, Terrill, Hamm, Grossman & Erwin, LLP Today!
The process for filing an appeal can be challenging and complex, but understanding the grounds for filing an appeal is essential. If you find yourself dissatisfied with the outcome of a court ruling or trial, our AV-rated attorneys at Craig, Terrill, Hamm, Grossman & Erwin, LLP can help determine whether any of the grounds listed above may apply to your situation.
Pursuing an appeal requires a strong legal argument supported by substantial evidence, so it is crucial to seek professional guidance to navigate this intricate process effectively. Reach out to us now at 806-744-3232 to schedule an appointment.
