Appeals

Finalizing a case through verdict and sentencing does not signal the end of a legal battle. Many cases may be further pursued by appealing to a higher court. A trial lawyer who has acquired exceptional courtroom skills and is charming and articulate in front of a jury may not have the legal dexterity required to handle appeals. When appealing a case an appeals attorney is dealing with a different audience, a panel of judges. In addition to requiring in depth understanding of the nuances of law and detailed analysis of the case at hand, most appeals rely more heavily on written rather than oratory skills. Appeals are generally argued through written documents that require exceptional writing skill, strongly frame the right issues, refer to parallel case rulings or precedents and do not exceed a pre-determined word count.

Basis for Appeals

Appeals may only refer to evidence introduced during the trial, and there must be a legal basis for appeal that goes beyond not agreeing with the verdict. Cases may be appealed for the following reasons:

• Serious legal errors affecting the trial outcome
• A verdict not supported by weight of the evidence

In a case being appealed to the Supreme Court, there must be grounds that fall under federal jurisdiction, such as violations of Constitutional rights.

From Trials to Courts that Hear Appeals

Ohio Judicial System

• Common Pleas Court (trials)
• District Court of Appeals
• Ohio Supreme Court

In Ohio after a case is tried in the Common Pleas Court, if basis exists for appeal, it may be appealed to the District Court of Appeals. If appealing to a higher court, the Ohio Supreme Court would hear the appeal next, which is the highest court of appeals at a state level. Beyond the state level, an appeal would go to the U.S. Supreme Court if legal points involving federal jurisdiction apply.

Federal Judicial System

U.S. District Courts (trials)
District Court of Appeals
U.S. Supreme Court

The Law Office of James R. Douglass, Co., LPA represents clients in appeals for civil and criminal cases involving all of the areas in which our attorneys practice:

If you would like to speak with a lawyer regarding an appeal, please contact our law office at 216-991-7640 and we will arrange a consultation.