Appeals

While many individuals believe an appeal is a retrial or a completely new trial, filing an appeal is actually the process of requesting a higher court to review a previously made decision by a lower court judge. If you believe the judge has made a mistake in your ruling, the appellate courts, which may be referred to as the Court of Appeals or the Supreme Court, will review your case, including all evidence, transcripts, and relevant documents from the original trial court to determine if the judge’s initial decision must be corrected.

Municipal Court cases can be appealed at the District Court and are considered “De Novo” appeals. This disregards everything initially ruled in the Municipal Court and starts over from the beginning, with a new court, a new judge, and, most times, a different prosecutor. Municipal Court appeals are “De Novo” because defendants are not entitled to a jury trial in Municipal Court, only a bench trial. By appealing a Municipal Court case to District Court, you can have a Jury trial with six jurors due to a misdemeanor.

In order to file an appeal, 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 file an appeal to a higher court, whereas in a criminal case, only the defendant has the right to an appeal in most states. An appeal of a criminal case from a District Court consists of requesting the “appellate court” to review any and all determinations of the trial court and jury.

The state is entitled to an “Interlocutory Appeal” which means appealing an adverse ruling while the case is ongoing but a defendant is not. This means a defendant cannot ask an appellate court to intervene with an adverse ruling from the trial court until the case is completed and they have been sentenced. However, civil cases and domestic cases have different rules. An example of this being that domestic cases in Kansas are not entitled to a Jury trial, only a bench trial, and thus they are allowed to do interlocutory appeals. 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 each step of the way.

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, the 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 pre-trial motions, evidentiary issues during the trial, errors with jury instructions, or 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 feel you have sufficient reasoning to file an appeal in Kansas, it’s best to consult with an appeals attorney as soon as possible to ensure you meet the specified 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 and understand which issues you may be able to appeal in your case. At the McConnell Law Firm, our expert defense 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.