The Wrong Reasons for an Appeal

August 08, 2012 | Blog

As a Fairfield County appeals attorney, I frequently meet with many impassioned people
who are very unhappy with the ultimate decisions made in their legal case. However, often the reasons that a person believes a case should be appealed are not appealable issues. This does not however mean that legitimate appealable issues do not exist, just that sometimes the reasons for wanting to appeal are not those.

Bad Reasons to Appeal
The following are some of these non-pursuable issues:

  1. Someone lied under oath.
  2. You hate your ex.
  3. There was a conspiracy against you.
  4. The judge hated you and didn’t treat you fairly.
  5. The judge decided in favor of my ex because she was wearing a sexy little skirt and revealing blouse.
  6. The jury was incompetent.
  7. On principle.

Notice that all of the reasons listed are fueled by emotion. This writing is not intended to discredit those emotions you may be having, but rather to help you understand that most people who lose a court battle experience these and other similar types of emotions. Unfortunately, an appeal must be based on legally appealable issues, which normally involve a legal error.

Don’t Be Discouraged
However, just because your reasons for wanting to appeal are not good, there may still be good legal cause for an appeal. You should not be discouraged from discussing your case with a Fairfield County appeals attorney. An experienced Fairfield County appeals attorney will be able to evaluate case for legitimate appealable issues. There are even exceptions where some of the previously listed non-appealable issues might be appealable. A Fairfield County appeals attorney can explain all your potential options.

We Can Help
Call Mitchell Baker, a Fairfield County Appeals lawyer, today at (914) 681-9500 for a free initial consultation regarding your appellate matter.