What Happens After an Appeal Is Granted?

What happens after an appeal is granted? Experienced attorneys from the Conklin Law firm answer this and more. Contact us for all of your legal queries.

What Does a Granted Appeal Mean for You?

Whether an appellate court determines an appeal is successful in both civil and criminal cases depends on your being able to prove that a legal error affected the outcome of your case, amongst other things. Filing deadlines also need to be met, and this right of appeal ends at the Court of Appeals for most people.

When appealing a case, your lawyer must present convincing legal arguments as to why the trial court decision should not be upheld. And the appellate court must see merit in your lawyer’s argument for the appeal to be granted. Therefore being given an appeal is a significant event for all parties involved.

If your appeal is granted, it may be granted in part or entirely. If it is granted in full, usually that means that the case is sent back to the lower court for a new trial. The higher court may also determine that there was not enough evidence presented against you in the trial court’s ruling and dismiss the case entirely.

How Appeals Work in Georgia

Georgia has two appeals courts. When one party is unsatisfied with the court’s ruling, they can appeal to one of these higher courts. A Superior Court ruling, for instance, can usually be appealed to the Georgia Court of Appeals and then on a discretionary basis to the Georgia Supreme Court.

The Georgia Court of Appeals has the authority to review most criminal appeals and civil cases from trial courts. On the other hand, it doesn’t have jurisdiction over cases such as homicide, constitutional queries, and habeas corpus cases. The Georgia Supreme Court has initial appellate jurisdiction in these cases.

To proceed with an appeal in Georgia, one must file a notice of appeal with the trial court within 30 days of the trial court’s decision. In certain instances, the losing party appealing must show a legal basis for the appeal, not just the fact that they are unsatisfied with the court ruling. Only then would an appeal be allowed.

Also, to appeal to higher appellate courts beyond the Court of Appeals, one needs to file a petition of Certiorari requesting a higher court to hear an appeal of the case. These courts are at liberty to grant the petition or deny it.

If an appeal is granted, the following may occur next:

  • The higher court remands the case to the lower court for additional information
  • The higher court reverses or vacates the lower court’s decision and returns the case to the lower court for a new trial
  • The higher court finds insufficient evidence was presented against you and dismisses the case

Types of Appeals in Georgia

There are three types of appeals commonly found in Georgia:

  • Direct appeals – once a judgment is entered, a party has a right to automatically appeal to a higher court.
  • Discretionary appeals – In certain types of cases, there is no automatic right of appeal. Instead, a party must apply to the appellate court and request it to accept the case.
  • Interlocutory appeals – these appeals can be used to interrupt a court proceeding before its conclusion, as well as challenge pre-trial court orders

If you believe you have grounds for an appeal and want to file one, it’s necessary to determine which appeals courts have jurisdiction over your case and what type of appeal you can file. Consider taking legal advice from an appeal attorney.

What Happens When the Case Is Remanded to the Trial Court?

In cases where an appeal has been granted in part, the appellate court may modify, but not vacate, a judgment. However, an appeal granted in full results in a complete reversal of the initial decision and a new trial in the lower court.

Nevertheless, the risk of conviction or an unfavorable ruling is still possible following the retrial. A person may appeal again should an unfavorable result occur a second time.

 

What Happens When the Case Is Dismissed?

A new trial is the most common remedy if an appeal is granted. However, in rare cases, the appellate court may dismiss the entire matter under certain circumstances.

In this case, the appeal would be granted, and the trial court’s judgment would be reversed. The appellate court would enter an acquittal in favor of the appellant, and the case would be dismissed. The acquittal would precede the initial conviction, and the appellant would be declared innocent of the original crime.

This remedy is rare, but when it happens, it is a permanent win for the appellant because of the US Constitution’s prohibition on double jeopardy (being prosecuted twice for the same offense).

What Happens Where an Interlocutory Appeal Is Granted?

 An interlocutory appeal is made during the trial of a case rather than at the end. It usually addresses urgent issues during the litigation process, such as whether evidence should be admissible.

To pursue an interlocutory appeal, the appellant must first get permission from both the trial judge and the appeals court. An appellate court may grant these appeals if it is established that not doing so could cause irreversible harm to the appellant.

When an interlocutory appeal is granted, the ruling is reversed in favor of the appellant. So, suppose the appeal is from a court order making certain vital evidence inadmissible. Granting the appeal would mean that the evidence becomes admissible.

Interlocutory appeals are generally not favored because they can disrupt the course of the case. However, having a good appeals lawyer on your side increases your chances of having your appeal granted.

What is the Legal Process Following a Successful Appeal?

 

Following a successful appeal, the legal process is multifaceted and can vary depending on the jurisdiction and the nature of the case.

In federal courts, as well as state courts, when an appeal is granted, it often means that the appellate court identified a legal mistake in the lower court’s judgment or the trial court-level proceedings.

This could be due to reasons like the improper admission of new evidence, a judge’s decision that contradicts legal standards, or issues with the jury’s verdict.

Once an appeal is successful, the appellate court might send the case back to the trial court level for further proceedings, or it could result in a change in the final judgment.

In some instances, especially if the court agrees with the written argument or is persuaded by the oral arguments presented, it might overturn the lower court’s judgment entirely.

If the appeal is in the state supreme court or federal courts, their appeal decision is typically the final decision unless there’s a basis for habeas corpus relief.

The other party, however, might have the right to appeal this decision, especially if they believe there’s been an oversight or misinterpretation.

The process ensures that every aspect of a case, from a judge’s decision to a jury’s verdict, undergoes rigorous scrutiny to uphold justice.

 

Why Hire an Atlanta Appeals Lawyer?

 

If you plan to appeal a civil or criminal case in Atlanta, an experienced appeals lawyer is best positioned to help you. This is because the appellate court requires different skills and experience than the trial court. To navigate the appeals process, hire an experienced and reputable appeals lawyer.

You must contact an appeal lawyer immediately when you receive an unfavorable trial court verdict. You will have a better chance of meeting filing deadlines if you do this. Your lawyer will also have more time to analyze your case and prepare the brief, increasing your chances of a successful appeal.

Having a solid legal strategy is essential for any successful appeal. An experienced appeals lawyer in Atlanta can help you develop one and increase your chances of having your appeal granted.

Defenses to Consider for an Appeal

 

Appealing a criminal conviction or civil ruling can be done on many grounds. Here are some of the most common defenses to consider:

  • Insufficient evidence for a guilty verdict

  • Judicial misconduct or bias

  • Improper instructions to the jury

  • Denial of exculpatory evidence

  • Improper admission of evidence

  • Abuse of discretion by the trial court judge

  • The unconstitutional ruling by the lower court

The process may be challenging, but an experienced Atlanta appeals lawyer can help you build a strong case and increase your chances of having your appeal granted. With the right legal strategy and an experienced attorney, you can protect your rights and get the desired outcome.

 

Contact an Atlanta Appeals Lawyer Today

 

Appealing a conviction or civil ruling is difficult, but it may be the only way to protect your rights. Contact an experienced Atlanta appeals lawyer today to get started if you are considering appealing a case. Your attorney can help you develop a strong legal strategy and increase your chances of having your appeal granted.

At Conklin Law, we can comb through your case with the detailed eyes of experienced attorneys to determine whether your case has legal errors that could result in a successful appeal. Feel free to contact us today!

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