An appeal is a review of a lower court’s decision by a higher court. In Utah, the higher courts are the Utah Court of Appeals and the Utah Supreme Court. Each appeal is decided by a panel of judges in a written decision.
The attorneys at The Appellate Group have litigated over 100 appeals. As experienced appellate litigators, we review the record for each case. The record includes the documents and transcripts filed in the district court. After reviewing the record, we identify the issues that we can raise on appeal, counsel with clients and other attorneys, and draft the appellate briefs. We also argue our cases before the relevant appellate court.
We also advise clients after the appellate court has released its decision. We discuss with clients their options for filing petitions for rehearing (a petition that asks the appellate court to reconsider its decision) or petitions for writ of certiorari (a petition that asks a higher appellate court to review the decision of the lower appellate court). We would love to help you plan your next step.
Amicus briefs are documents that are filed in an appellate court by an entity (amicus curiae) that is not a party to a case but has an interest in the outcome of the case. Oftentimes, amicus briefs can assist appellate courts to understand the full breadth of the legal argument or the consequences of the appellate courts’ decisions.
The attorneys at The Appellate Group have filed amicus briefs in the Utah Supreme Court, the Eleventh Circuit, and the United States Supreme Court.
After a party has lost in the district court, the party can file post-trial motions (such as a motion to alter or amend, a motion for a new trial, or a motion to arrest judgment) before filing the appeal. These post-trial motions give the district courts an opportunity to change their decisions before an appeal.
The attorneys at The Appellate Group frequently file post-trial motions to assist their clients before the appeal.
Individuals who have been convicted of a crime may, after their direct appeal is over, file a petition for post-conviction relief. A petition for post-conviction relief urges a district court to overturn a conviction because of ineffective assistance of counsel, newly discovered evidence, or the conviction or sentence violated state or federal law, among other things. Petitions must be filed within one year after the conclusion of an individual’s direct appeal.
The attorneys at The Appellate Group have filed petitions for post-conviction relief. They work with investigators to find the evidence necessary to support those petitions. They also appeal denials of post-conviction relief to the appellate courts.