Appellate Law

Under Maryland and Federal law, you have a limited time to file an appeal if you were dissatisfied with the judgement or decision of a trial court. It may be time to analyze your case alongside an experienced appellate lawyer in Maryland. At A.Y. Gross Law, we make it our mission to pursue a reversal from an improper decision of the lower court or to overturn a wrongful conviction in a criminal case. Read on to learn more about the experience our appellate attorneys can bring to your case.

What Is Appellate Law?

An appellate attorney can file an appeal to a higher court to review and possibly reverse a lower court’s original decision. This is usually necessary when one party is dissatisfied with a ruling or wishes to overturn an erroneous verdict. Something more than just displeasure with the results, however, is required for a successful appeal. There must also be evidence of material or procedural errors in the original case.

Although an appeal is not the same as a retrial, since no new witnesses or evidence can generally be considered, an experienced appellate lawyer in Maryland can point out legal errors in the original trial procedure or issues with the original judge’s interpretation of the law. An appellate lawyer writes a thorough legal brief to inform the appellate court of the details of the case, then makes a convincing argument before a panel of appellate judges.

If the appeal is successful, the appellate court will send the case back to the lower court with the request for further action. This may require a reconsideration of the facts and evidence, a correction of the trial court’s original judgement, or even—in situations of serious error—an entirely new trial or complete reversal of the lower court’s decision or verdict. Our appellate lawyers have the research skills and extensive knowledge of the law that is necessary to build a strong case on appeal.

Civil Appeals

Both the original plaintiff and defendant can appeal the verdict in a civil case. For instance, if you are on the losing end of a contract dispute, you can appeal the decision of the lower court or jury and seek a new result. Likewise, an opposing party may appeal a result where you were successful at the trial court level.

When an appellate attorney represents the appellant—the person who is appealing the court’s decision—their job is to argue that there were errors in the original case and that the judgement should be reversed. If an appellate attorney is tasked with representing an appellee—the person who wants to defend the court’s decision—they give reasons why the court’s judgement was valid and correct. Both tasks require a great deal of research and legal experience.

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Criminal Appeals

In criminal cases, the defendant is usually the only party that is able to file an appeal. The defendant—now an appellant—can argue that their conviction or sentence was in error. The state or federal government will then file its own brief arguing that the original judgement should be upheld.

During a standard criminal appeal, the appellate lawyer in Maryland examines the entire case and identifies any key legal mistakes which could have significantly affected the jury’s decision or impacted the length and severity of the sentence. The goal of a criminal appeal is typically to argue that the case should be remanded for a new trial, that the defendant should be tried again, or that the sentence should be modified.

Petitions for Writ of Certiorari

If the losing party is dissatisfied with the decision of the intermediate appellate court, they may elect to file a Petition to the highest appellate court, the Court of Appeals of Maryland or the United States Supreme Court, requesting that they review the lower appellate court’s decision. The complex process of requesting this appeal is known as a “petition for writ of certiorari.” These petitions typically explain the facts of the case, the legal topics involved, the decision's effect on public interest and important constitutional issues. If the Court of Appeals of Maryland or Supreme Court decides to hear the case, then it grants the losing party a writ of certiorari. Although this happens very rarely, an appellate lawyer has the required expertise to send a case to the highest appellate court.

Why Hire An Appellate Lawyer in Maryland?

An appellate attorney can evaluate your case and offer advice about whether going back to court is worthwhile. The appeals process can be an incredibly complicated process, and an in-depth knowledge of the law is crucial to determining whether there are legal grounds for reopening your case.

During the stress of a trial, it can be easy to ignore elements of your case that are very important to the judge or to utilize weak arguments that actually harm your case. A practiced appellate attorney in Maryland can offer a new perspective on your case, pointing out its flaws and strengthening its key arguments.

Since appellate attorneys have years of experience working in the state and federal appellate courts, they have sophisticated knowledge of what appellate judges care about most. They are highly aware of the ways that appellate courts operate in a manner distinctive from trial courts. It is essential to find an attorney who understands the intricacies of appellate court and the arguments that get results.

Contact Us

The appellate attorneys at A.Y. Gross Law bring a unique set of skills developed from writing effective appeals briefs and crafting compelling oral arguments. They know which strategies hurt cases and which arguments achieve the best success for our clients. Call (443) 990-0001 or contact our team if you are looking to hire an effective appellate lawyer in Maryland. Your initial consultation is free, and we have the experience and knowledge to secure the best possible results for your case.