Experienced Appeals Lawyer Who Challenges
The Trial Errors
THERE ARE SO MANY LAWYERS, YOU NEED THE RIGHT ONE.
WHY RUTH FISCHBEIN-COHEN FOR YOUR APPEAL?
The appellate procedure holds many requirements, which need a trained eye to find legal errors at your trial level and to challenge these mistakes. An appeals lawyer must have a vast knowledge of the law and rules, and sharp skills. An unwary and inexperienced attorney will trip and fall and not know how to steer your case and find the way and strategy in the appeals process.
The Appeals Process
I am here to help you when the trial went sour and the outcome was not what you expected.I handled many many appeals in the last 25 years and challenged many errors made in trial.I have helped create law in the appeals court.Of other successes, two such examples are noteworthy.In State v. Frank Rogers, 2013-Ohio-3235, I argued that his multiple sentences were a violation of Ohio law.In State v. Carpenter, 2009-Ohio-3593, I challenged the poor quality of the trial lawyer, called"ineffective" in appellate terms, and a second issue as well, and won hands down on both matters.I received many calls from lawyers congratulating me, because these two issues are HARD TO WIN.Nonetheless I did!I encourage you to read these cases.
Mostpeople are more familiar with the trial court process than with the way appeals move along. The Appellate Court is different in its focus:On the trial court level, the most important aim is to dispute facts.On the other hand,on the appellate level, the crucial ultimate aim is to interpret the law and to apply it to the details and information found in the transcript which the court reporter wrote up. Hence,the proceedings rotate around written, arguments and later Oral arguments produced and presented by the parties.
There are Ohio Rules of Appellate Practice and Local Rules that must be followed.An inexperienced lawyer can trip here alone.Consequently, your appeal could be dismissed for failure to comply with the Rules.The following will explain to you and illuminate the appellate process
Often a client will raise to the appeals lawyer facts that are not contained either in the record or in the transcript.A basic rule of appellate procedure is that an argument not first presented in the trial court may not be raised on appeal, unless there was plain error, which is prejudicial and not harmless.The record and transcript tell the whole story.
The following will better help you understand the appellate process, please look below:
THE STEPS IN THE APPEAL
First Stepis a Notice of Appeal.
If you areunhappy with the outcome of the trial court and/or a decision of the trial court, your lawyer must timely file a Notice of Appeal with the clerk of the trial court submitting an appendage and other mandatory required documents. Appeals may not be taken from any decision of a trial court, only from a final order or judgment.Included in this step is the filing of a docketing statement and a precipe, all explaining what is necessary and desired in the appeal procedure, and which legal issues the lawyer wishes to present.This first step has strict time limits it being up to 30 days.I have seen appeals dismissed by the Court of Appeals for failure to comply with some rule relative to this step.I have been in situations when the notice of appeal was incomplete or filed late, and I had to correct the mistake made by the other party in orderto preserve the rights of the defendant.
Second Stepis the Preparation By The Trial Court Clerk of The Record.
The clerk of the trial court must gather and prepare a complete record, which consists of all the motions and other documents filed in the trial court,before or during the trial.They include but are not limited to exhibits, maps, medical/hospital reports, etc.The lawyer bringing the appeal has the responsibility to make sure that the record contains all of the documents that her party wants included in the determination of the appeal.
Third Stepis the Preparation and Filing of the Court Reporter's Transcript of the Proceedings. Again, your attorney will be responsible to be on top of this step too, by delivering to the court reporter the complete notice of appeal and to stay in touch with the reporter until the transcript is filed.Appellant lawyers generally must give their instructions regarding transcripts and which records they want.The reporter has 40 days to prepare and file the transcript from the time the notice of appeal was filed.
The Fourth Stepis the Preparation OfThe Appellant's Brief By The Lawyer.
The lawyer will meticulously read the transcript; searching for errors made in the trial court.She will take notes & highlight mistakes made in the trial court level, which could also be early on before the trial.Recently I assigned an error in the Court of Appeals, stating that the trial lawyer neglected to file at any point a motion to suppress evidence, in violation of the Fourth Amendment to theOhio and United States Constitution.Every search and seizure must be based on a search warrant,signed by a judge, (unless there is an emergency situation, called "exigent").Failure to present a warrant to search and seize can result in the hot item being disputed as tainted and a violation of the law. The prosecutor loses use of it in the case.Ofcourse, the court will conduct a hearing after the bringing of the motion to suppress to decide if the police violated the defendant's rights and if the tainted/hot item is excluded.
Finally, the lawyer will reduce her findings in an Appellant's Brief, citing errors for the appeals court review and supported by Federal and/or Ohio law.This briefsets forth the lawyer's legal arguments for why the decision of the trial court below should be reversed.
Incidentally, the only facts which the court of appeals can consider are the facts that are in the trial court record and transcript .
The Fifth Stepis the Preparation of the Appellee's Brief by The Opposing Lawyer.
The opposing party has a right to present its factual and legal arguments as well.After I file my brief, I send a complete copy to the opposition and they respond with their appellee's brief, disputing the law or facts the appellant presented. NO WORRY, the appellant gets a second shot at arguing and explaining its position to a panel of three judges at Oral Argument some while later.A keen lawyer will be quick on her feet to refute and counter the appellee.
No new evidence is presented on appeal, as the only facts considered are the facts that are in the trial court record, and presented in the Appellate briefs The Sixth Stepis ORAL ARGUMENTS.
The lawyers (appellant's and appellee's) prepare their oral argument based on the facts and law which they prepared.Each side has 15 minutes to argue, or to reserve from that time a few minutes ofrebuttal time.The attorney presents to a panel of three judges her/his version and position.Soon enough, a question and answer session begins, initiated by the judges.A smart attorney will quickly find an intelligent and persuasive response.After both parties argued, the matter is heard and submitted, and a decision will be made, by sending a copy of the decision to each lawyer. The Seventh Stepis THE COURT OF APPEALS' DECISION.
Appellate courts issue written decisions anywhere from two weeks to possibly a few months.These Decisions contain an explanation of the law and why the court decided as it did.
YOU WILL RECEIVE TOP TIER REPRESENTATION
Call 216-932-2416 or 216-932-2460 for an appointment I will Protect You!