Appeals Attorney in Torrance

If you are considering a post-conviction appeal, here are the basic steps involved in the process:

1. Notice of Appeal
After a jury verdict, and in some cases after a plea, a notice of appeal should be filed with the trial court so that a higher court, or appellate court, can review the legality of the conviction. In a misdemeanor case, you have a right to remain on bail pending the outcome of the appellate process. On a felony, it is left to the discretion of the court as to whether they will allow you to remain free from custody. The notice is a relatively simple form filed with the trial court informing the courts that you are challenging the result. Depending on the case, the notice of appeal must be filed within the first 30–60 days following the trial court judgment. Your attorney can prepare and file this on your behalf.

2. Preparation of Court Transcripts
After the Notice of Appeal is filed, the court reporter will be ordered to prepare a copy of the clerk’s file (the “Clerk’s Transcripts”) and a copy of the reporter’s notes from the court hearings (the “Reporter’s Transcripts”). Depending on the case, these transcripts can be hundreds of pages long, if not longer. The transcripts are the record of the case. This is what the appellate court will rely upon when they review the legal issues. You may hear attorneys say, “For the record,” while in court. This is because they realize if they do not speak up, they could be barred from raising the issue at a later time. These transcripts will be submitted with the appellate brief.

3. Appellant’s Opening Brief
After the transcripts are completed, we will take them and review everything that occurred during the case. Any legal errors will be reviewed and researched. These will become the issues the appellate court will consider. The party initiating the appeal, known as the appellant, will file the first opening brief. This will outline any errors we would like the appellate court to review. Depending on the issue, the court of appeal will also consider the remedy. More often than not, a request is made to overturn any conviction and send it back to the trial court for further proceedings.

4. Respondent’s Opening Brief
After we submit our brief, the prosecution or respondent will review the transcripts and the defense’s opening brief. They will usually respond and submit their own brief contesting the legal errors claimed by the appellant. This is known as the “respondent’s brief on appeal.”

5. Appellant’s Reply Brief
Because the defense, or appellant, has the burden on appeal, the courts permit the appellant to file a second brief called a “Reply Brief.” This gives the appellant an opportunity to respond to the respondent’s opening brief. Typically, no new issues will be raised at this point.

6. Oral Argument
After the briefing is complete, the attorneys may request oral arguments. This is unlike a trial. Evidence is not presented at this point. The court will not hear new witnesses nor consider any new evidence. Typically, at this court hearing, two appellate attorneys discuss the issues with three Court of Appeal justices. These arguments are usually very short in duration. The attorney's focus is on legal issues only. In criminal cases, if the defendant is in custody, the defendant will not be permitted to attend oral argument.

7. Court Ruling
A panel of three Court of Appeal justices review the transcripts, the briefs filed, and the arguments of the attorneys and conduct their own independent research. Based upon their review of the arguments and the law, the justices will then prepare a written ruling. The written ruling typically contains a summary of the facts of the case, a summary of the arguments raised, and an analysis from the Court as to whether or not the trial court’s judgment needs to be corrected.