The appellate lawyers at Tulsa County Lawyers Group have well over 50 years of combined expertise when it comes to helping our clients through the complex procedures of appealing adverse court decisions. Whether it’s civil, probate, family law, or criminal, we have you covered. We will take these cases in both our home state of Oklahoma and the federal courts. Seeking an appeal can be an arduous battle, but you don’t have to face it alone. Here we will introduce you to the work of our appellate lawyers and explain the general appeal process in Oklahoma.
Understanding Appeal Process in Oklahoma
All appeals may happen for different reasons, but the process is very linear. An appeal is a formal request for an appellate court to review a lower court’s judgment. Appeals can arise in nearly all areas of the judicial system. Some examples may include civil litigation, probate, family law, criminal law, administrative proceedings, unemployment disputes, and other types of cases where an unfavorable decision or judgment has been issued. An appeal can begin the moment you receive an unfavorable judgment.
Further, appellate courts follow a unique set of procedures. This means a failure to adhere to these can be detrimental to your appeal. Post-judgment filings, such as new trial motions, motions to reconsider, and motions to vacate the judgment, must be strategic. Incorrect handling can eradicate certain grounds for your appeal. Hiring an appellate lawyer who will draft everything for you is your best chance to win your fight. Therefore, it is imperative that you contact proper counsel rather than attempting any self-representation.
Do I Have an Appealable Issue?
An appealable issue does not exist just because the trial court made an adverse ruling. You must prove without a shadow of a doubt that the lower court violated your rights. Everyone appearing in court shares rights guaranteed by the U.S. Constitution, Oklahoma Constitution, federal and Oklahoma statutes, Oklahoma Administrative Code, common law (case law), Oklahoma court rules, local court rules, and other authorities. There are also strict rules of conduct that the courts must follow to make sure they don’t hinder these rights for anyone. However, it can and does happen to many individuals in Oklahoma. Hence, the reason why the appeals court exists to make the lower court accountable for their errors.
Our expert appellate lawyers will review the facts of your case and the court’s ruling to determine if the trial court made a reversible error. If we can argue a reversible error in your case, then there is an appealable issue. Additionally, it is possible to have more than one appealable issue. The only way to truly know if you have a case for yourself is to seek out the advice of counsel who has done this many times before.
The Process of Probate Appeals
Probate appeals in Oklahoma arise when a party receives an unfavorable decision in probate court. This court handles all the administration of a deceased person’s estate. The process begins with filing a Notice of Appeal in the probate district court where the case originates from. This process must be done within 30 days of the judgment or order you’re appealing. Then, the appellant must then file a Petition in Error, providing a summary of the case and the specific issues for appeal. The Record on Appeal, which includes all relevant documents, evidence, and transcripts from the probate proceedings, is designated and prepared.
The appellate court will review the briefs submitted by both parties. These include Appellant’s Brief in Chief, Appellee’s Response Brief, and any Reply Briefs. This will help the court understand how the law applies to the facts of the case. Oral arguments may be requested, though they are not common. The appellate court will then render a decision, which can affirm, reverse, or remand the case back to the probate court for further proceedings. This structural process ensures that errors in the application of probate law are addressed, providing a fair resolution to disputes over the administration of estates.
The Process for Criminal Appeals
Criminal appeals occur when a defendant receives an unfavorable judgment in a criminal prosecution. Defendants have rights guaranteed by the U.S. Constitution, Oklahoma Constitution, federal and Oklahoma statutes, common law (case law), Oklahoma court rules, local court rules, and other authorities. These rights are crucial because criminal prosecutions involve the potential deprivation of freedom or life. State prosecutors and courts must strictly adhere to the defendant’s constitutional rights and proper procedures. Any mistake during a criminal prosecution can result in a defendant losing their freedom or life.
Our appellate lawyers have the knowledge of substantive and procedural laws necessary to identify appealable issues in criminal prosecutions. Criminal appeals hold prosecutors and courts accountable for observing all the defendant’s rights and proper procedures. Criminal appeals generally involve challenging convictions and the fairness and appropriateness of the sentence imposed. In Oklahoma, criminal appeals go directly to the Oklahoma Court of Criminal Appeals, which applies the correct “standard of review” and renders a decision. At the state level, the Oklahoma Court of Criminal Appeals is the court of last resort for criminal appeals. However, if a defendant believes their rights guaranteed by the U.S. Constitution were violated by the Oklahoma courts, they can file an appeal or writ of certiorari with the United States Supreme Court, although such writs are rarely granted.
Tulsa Appellate Lawyers in Near You
Successfully navigating the appellate process requires an appellate attorney with a deep understanding of your rights, Oklahoma appellate procedures, applicable substantive law, attention to detail, organized legal strategies, and a persuasive legal writing style to address the unique aspects of your case. The appellate lawyers at Tulsa County Lawyers Group have the knowledge you need and are ready to protect your rights. If you believe you have grounds for an appeal, we can help you meet the challenge of the appeals process in Oklahoma state and federal courts. For a free and confidential consultation with one of our Tulsa appellate lawyers, call us at (918) 379-4864 or follow this link to ask an online legal question.