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State & Federal Appeals Attorneys in Wilson, North Carolina

We are privileged to live in a country where you are able to challenge a decision that was made in a courtroom. Here at Lusby & Brooks, P.A., we have extensive experience with appealing verdicts both on a state level and on the federal level. To have grounds to appeal to a higher court, there must have been factual or legal mistakes made in the initial trial process at the District or Superior Court. An appeal can happen in both criminal cases and civil cases. If you think you received an unfair or inaccurate trial, contact us in Wilson today for dependable and assertive representation in an appellate court.

State & Federal Appeals

In North Carolina, an appeal must be filed with the North Carolina Court of Appeals within 30 days after a verdict is made. The North Carolina Court of Appeals is the state’s intermediate court, which is then followed by the Supreme Court of North Carolina. The Court is comprised of 15 judges who sit in panels of three judges to hear the appeals that are randomly brought to them. The judges hear the majority of criminal cases and civil cases that are brought to their attention. However, there are exceptions. One example of a type of case that is not heard in the North Carolina Court of Appeals is capital murder where the death sentence was imposed. Death penalty cases are immediately sent to the Supreme Court of North Carolina.

The Court of Appeals reviews the procedures that took place in the initial trial and search for errors that were made. The Court then decides if the law was correctly applied in the case or if due process was not followed. Another circumstance that may qualify as grounds for an appeal is a judge’s ruling on the admissibility of evidence or testimony that was allowed at the Trial Court. If a judge rules that a certain piece of evidence or testimony may be presented in the court that is not supported by legal precedent or procedural rules and directly affected the outcome of the verdict, there may be cause for an appeal.

While the judges are reviewing the case, they are also provided with an appellate brief from both parties. The brief substantiates the claims that each side is making and why that decision was made. The three judges carefully review the briefs and make their ruling.

After the judges have reviewed all of the information that is presented to them, they can make one of the following decisions:

  • Uphold the decision made in the Trial Court

  • Order a new trial

  • Reverse the decision of the Trial Court

The process for a Federal Appeal is identical to a state appeal. The procedures, sizes, and verdicts are similar to a state appeal. North Carolina falls under the 4th Circuit Court.

If you were a part of a trial where the verdict may have been based upon evidence or strategies that were not legal, contact us at Lusby & Brooks, P.A. for determined appellate attorneys who are passionate about correcting the wrongs that have been made.

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Petitions to U.S. Supreme Court from State and Federal Courts

It is not as common for the Supreme Court of the United States to hear an appeal from a lower court, otherwise known as granting a writ of certiorari. If the justices agree to hear a case, the petitioner is given a certain amount of time to write and submit a brief that is not to exceed 50 pages. This brief expresses and expands on the initial petition that is filed when asking for a writ of certiorari. After the petitioner’s brief has been accepted, the opposing party, also known as the respondent, is given a certain amount of time to submit a respondent’s brief that is also not allowed to surpass 50 pages. After the two briefs have been accepted, each party is allowed to file a shorter brief in response to the other party’s 50-page brief.

Contact Lusby & Brooks, P.A. for Determined Attorneys

Being given the chance to challenge a wrong decision that was made in court is an honor and a privilege in this country. Because of the seriousness that it entails, we offer various services when it comes to appealing cases, including:

  • Appeals from U.S. District Courts to the U.S. Court of Appeals

  • Petitions to U.S. Supreme Court from State and Federal Courts

  • State Court of Appeals

  • Bankruptcy Appeals

  • Amicus Briefs in Trial and Appellate Courts

  • Administrative Agency Appeals

  • Assistance with Critical Motions (Summary Judgement and Post-Trial Motions) Prior to Appeal

If you want to challenge a verdict that was made in court or other pre-or post-trial motions or representation, contact us today for a consultation in Wilson, North Carolina. We also proudly serve Raleigh, Greensboro, Charlotte, Wilmington, and all of North Carolina.

STATE & FEDERAL APPEALS ATTORNEYS IN NORTH CAROLINA

The attorneys at Lusby & Brooks, P.A. are personable and knowledgeable about various areas of the law. We are passionate about serving all of North Carolina with integrity and pride. We listen to our clients and collaborate with them when building their cases. If you are in need of legal representation, contact us today for a consultation.