What Happens After an Appeal Is Granted?
What happens after an appeal is granted? Your helpful attorneys from the firm of Conklin Law answer this and more. Contact us for all of your legal questions.
What Does a Granted Appeal Mean for You?
Whether 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 needs to 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 granted 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 lower court and dismiss the case entirely.
How Appeals Work in Georgia
Georgia has two appeals courts. When one party is not satisfied 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.
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 party appealing must show a legal basis for the appeal and not just the mere 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
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. An appeal that is granted in full, however, results in a complete reversal of the initial judgment 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?
If an appeal is granted, a new trial is the most common remedy. However, in rare cases, the appellate court may dismiss the entire case 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 take precedence over 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 that arise 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.
Why Hire an Atlanta Appeals Lawyer?
If you are planning to appeal a civil or criminal case in Atlanta, an experienced appeals lawyer would be in the best position 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.
As soon as you receive an unfavorable trial court verdict, it is imperative that you contact an appeal lawyer immediately. 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.
Contact Conklin Law today for competent legal representation by experienced Atlanta appeals lawyers. 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!
1800 Peachtree Road NW Suite 300 Atlanta, GA 30309