Your Attorney for Federal and State Appeals
Appealing a Court Case in New Mexico Court of Appeals
Are you attempting to appeal a court case decision in Albuquerque, New Mexico? Just Appeals, the Appellate Law Office of Mr. Scott M. Davidson, is ready to help you in whatever capacity you may need.
What are the grounds for an appeal?
Appealing a court case doesn’t happen on a regular basis. In fact, many losing parties do not have the right to appeal their verdict. That’s why it’s important to make sure you have the grounds for an appeal before getting too invested into the appeals process.
The most common grounds for appeal include:
- Improper exclusion or admission of evidence
- Incorrect jury instructions
- Lack of sufficient evidence to support a guilty sentence
- False arrest
- Juror misconduct
- Ineffective assistance of counsel
In order to have grounds to appeal, the error in question must have been egregious enough to affect the outcome of the defendant’s case. Certain errors, such as ones in which evidence was admitted improperly into the initial case, are referred to as reversible errors. Others that do not impact the ability to conduct a fair trial, are known as harmless errors. In the event that the appellate court judges determine that a reversible error occurred, the case may be remanded and sent back to the original court.
How does an appeal process work?
The appeal process begins when the losing party of a case files a brief stating that the trial court committed legal errors that had an impact on the final case decision. The appeals court may decide based solely on these briefs or they may hear oral arguments. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. The court of appeals’ decision usually will be the final word in the case, unless the court of appeals sends the case back to the trial court or the parties ask the U.S. Supreme Court to review the case.
How many times can you appeal a case?
Appellate law states that the final judgment of a lower court can be appealed to the next higher court only once. This means that the number of appeals depends on how many courts are “superior” to the court that made the decision. Generally in Albuquerque, New Mexico, you can appeal a case twice. The first after the initial decision is made in trial; this appeal is sent to the court of appeals. The second appeal may occur after a decision has been made in the court of appeals and the Supreme Court agrees to hear the case. It is very uncommon for the supreme court to hear an appeal unless it contains controversial decisions.
Can you appeal a judge’s decision?
It is very uncommon in the appeals process to change a judge’s decision. What most often happens in the court of appeals is that instead of questioning the judge’s decision, appellate lawyers question the legal errors that may have impacted the case’s decision. If these errors are serious enough, the court of appeals may overturn the decision. The key difference is that the appellate court has the power to overturn sentencing based on malpractice or misconduct within the court proceedings, not based on whether they believe a particular judge or jury made the wrong decision.
Who can I contact for help with my appeal?
Appealing a court case within the city of Albuquerque, New Mexico can be complex. If you believe that elements of your legal case were made in error, you should seek a confidential legal consultation from Mr. Davidson immediately. We’re here to fight for your rights and ensure that any errors in your trial are rectified.
Call Just Appeals today at (505) 255-9084 or use our online contact form to schedule an appointment.