The Matlock Law Firm, P.C.
Federal Appeals
Many times, the guilty verdict is just the beginning. For a person charged with a crime in Federal Court, the conviction rate can seem astounding. On average, Federal prosecutions end in a conviction approximately 95% of the time. With those numbers, it is extremely important to have an experienced Federal Appellate Lawyer to handle the next step; the Federal Appeal.
The appellate process in Federal Court can be daunting for even the most experienced criminal practitioner. With strict time limits with which to file the correct appellate paperwork, the varying standards of review for different claims on appeal, and the necessity of providing the Court with the most thorough explanation of the law as applied to the individual case, a misstep in the Federal Appellate process can lead to devastating results.
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At the Matlock Law Firm, attorney M. Shawn Matlock has the experience and skill necessary to assist clients provide the most effective and persuasive argument to the United States Courts of Appeals.
After a guilty verdict is rendered against a criminal defendant in Federal Court, a defendant has several post-verdict motion that can be filed with the District Court. The first is the Motion for New Trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. This motion must be filed within seven days following the judgment. It may be granted when “in the interest of justice” or when newly-discovered evidence has been found within three years of the judgment or verdict.
Other post-verdict motions available are the Motion Arresting Judgment under Rule 34, a Motion for Correcting or Reducing a Sentence under Rule 35, a Motion Alleging Clerical Error under Rule 36, or a Motion to Vacate Sentence pursuant to 28 U.S.C. §2255.
A person convicted of crime in Federal Court has only ten days within which to file a Notice of Appeal in order to comply with Rule 4(b) of the Federal Rules of Appellate Procedure. This Notice preserves the defendant the opportunity to argue on appeal. If this is not filed in a timely manner, it can result in the denial of the appeal. However, the ten day rule may be tolled if the defendant files a Motion for Judgment of Acquittal pursuant to Federal Rule of Criminal Procedure 29, a Rule 33 Motion for New Trial, or a Motion Arresting Judgment under Rule 34. However, the Notice of Appeal must be filed within ten days of the trial court resolving these motions.
In addition to filing potential post-verdict motions, a defendant on federal appeal must also properly request the court record be sent to the Court of Appeals from the District Clerk, as well as ensure the transcript is ordered from the Court Reporter. Once this appellate record is filed with the Court of Appeals, the defendant has 40 days within which to file and serve the appellate brief pursuant to Rule 31 of the Federal Rules of Appellate Procedure.
An appellate brief is the heart and soul of the appellate process. Contrary to a popular misconception, an appeal is not a new trial. There is no jury. The point of the appeal is to argue issues of law, not issues of facts. The appellate brief is the vehicle through which this is accomplished.
Brief-writing can be a difficult process. There are many restrictions in style, yet these restrictions pale in comparison to the legal arguments and authorities that must be properly adhered to for a successful appeal. Not every attorney can handle an appeal, especially in Federal Court. It takes a considerable talent to effectively create a winning argument to a Federal Court of Appeals. This limited avenue for relief should not be handled by anyone not well-versed in the ways of the Federal Appellate Process.
If you are contemplating a Federal Appeal, contact the Matlock Law Firm. Federal Appellate Attorney M. Shawn Matlock possesses unique skill and experience to ensure your appeal is handled in such a way as to provide you the best possible opportunity for success.
Federal Appellate Attorney/ Federal Court of Appeals Defense Lawyer
The John Minor Wisdom U.S. Courthouse, home of the Fifth Circuit Court of Appeals in New Orleans.
(817)332-3000 local
(888) 628-5025 toll free
