- An appeal is a judicial proceeding which considers whether or not the law was improperly applied during hearing or trial.
- An appeal begins with the filing of a notice of appeal and assembly of the record. The time in which to file a notice of appeal is strict, therefore, it is necessary to engage in attorney immediately.
- The record is generally the papers and the trial court, exhibits, and transcripts. These papers are reviewed by an appellate lawyer to determine if illegal error occurred during the hearing and if that error was made a difference in the results of the case. If the error would have made a difference then the appeal should be prosecuted in the appellate court. The appellate court has a number of remedies available to it, including modifying a judgment, ordering a new hearing or trial, or performing some other action which it deems just.
- In the appellate court it is necessary to file a brief, which amounts to a book which summarizes the case and attaches those documents necessary to an understanding of the case. The brief details all the claims. The other side will file a brief in response. Ultimately the court will decide the case.
- Attorney Erickson brings extensive experience to the appellate area. He has been involved in criminal appellate practice for most of his 25 years of experience. His experience and interest in the area allowed him to serve on the bench and bar committee of the Massachusetts Bar Association. Attorney Erickson has spoken many on numerous occasions on appellate issues. He is ready to discuss your case, your friend’s or your loved one’s appellate case.