WICHITA APPEAL LAWYERS

Filing an appeal is the process of requesting a higher court to review a previously made decision by a lower court judge.

During the appeals process, the appellate courts review the case. They examine the evidence, transcripts and relevant documents from the original trial to determine whether the judge’s initial decision must be corrected.

Municipal court cases can be appealed at the district court and are considered “de novo” appeals. A “de novo” appeal throws out the municipal court’s initial ruling and starts over fresh. There will be a new court, a new judge, and, most times, even a new prosecutor. Municipal court cases only allow for a bench trial, but appealing to the district court makes a jury trial available.

There must be a legal basis for filing the appeal, such as an alleged material error in the trial.

In a civil court case, either party can appeal to a higher court. In a criminal case, only the defendant has the right to an appeal in most states.

There is also a special kind of appeal called an interlocutory appeal, in which one side appeals an adverse ruling while the case is ongoing. This is not available for defendants in criminal trials — they must wait until after sentencing. For Kansas civil and domestic cases that only allow for bench trials, either side can file an interlocutory appeal.

To better familiarize yourself with Kansas law regarding filing an appeal, it’s best to contact a skilled Wichita appeals attorney to help guide you through the process.

Kansas law requires a “Notice of Appeal” to be filed within 14 days after the date the final judgment form was filed in a criminal case. If you choose to file a “Motion for New Trial” or a “Motion to Reconsider,” Kansas statutes also allow you 14 days following the verdict to file a motion.

You may also file a “Motion to Alter or Amend Judgment” in a civil case, and these timelines will vary.

If the Notice of Appeal is not filed within this specified timeframe, a court of appeals will not consider the appeal timely.

Criminal cases with misdemeanor and felony convictions are the most common offenses brought before a court of appeals.

While there are many different reasons a defendant may want to appeal a criminal conviction, the most common grounds for appeal are due to:

• Ineffective assistance of counsel
• Denial of pretrial motions
• Evidentiary issues during the trial
• Errors with jury instructions
• Plain error committed by the trial court

An experienced appeals attorney will be able to review your case and determine potential problems you may be able to appeal in your case.

If you believe you have sufficient reason to file an appeal in Kansas, it’s best to consult an appeals attorney as soon as possible. There is a limited timeframe for filing an appeal.

When you partner with a trusted and experienced attorney, they can help guide you through the necessary paperwork, steps and procedures. They will help you determine which issues you may be able to appeal in your case.

At the McConnell Law Firm, our expert attorneys will fight tirelessly to help win appeals related to Driving Under the Influence (DUI), false sexual accusations, traffic law, white collar crime, criminal defense and civil litigation.