Appeals

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Los Angeles & Orange County Appeals

At the law offices of Samuel Walker, we have extensive experience with Appeals and Writs in State Courts and Appeals in Federal Court. We have the experience and understanding of the Appellate process that is necessary to properly present and argue your case to the appropriate appellate court. Appellate practice is highly specialized and presents numerous challenges to having your matter decided correctly by the Appellate Court. A review of your lower court ruling/order, research of the applicable laws, drafting of your appeal and oral argument before the Court of Appeal will all be managed by only one attorney to ensure that all viable aspects of your case will be at issue for review.

Appeals Overview:

Appealing a U.S. Federal District Court or a State of California Superior Court judgment or order can be made to seek review of a ruling which was in error. In order to file an Appeal, the Appellant must file a “Notice of Appeal” within the time allotted by the Federal Rules of Appellate procedure or the California Rules of Court as appropriate. If you are appealing a Civil California Superior Court order or judgment the time in which you are required to file your notice of appeal is set forth by the California Rules of Court, Rule 8.104 as follows:

Time to appeal
(a) Normal time
I. Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of:
(A)60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled “Notice of Entry” of judgment or a filed-endorsed copy of the judgment, showing the date either was served;
(B)60 days after the party filing the notice of appeal serves or is served by a party with a document entitled “Notice of Entry” of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or
(C)180 days after entry of judgment.

If you are appealing a Criminal California Superior Court order or judgment the time in which you are required to file your notice of appeal is set forth by the California Rules of Court, Rule 8.308 as follows:

Time to appeal
(a) Normal time
Except as provided in (b) or as otherwise provided by law, a notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in rule 8.66, no court may extend the time to file a notice of appeal.

If you are appealing a Civil US District Court judgment or order the time in which you are required to file your notice of appeal is set forth by Rule 4 of the Federal Rules of Appellate Procedure as follows:

Rule 4. Appeal as of Right—When Taken
(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.

If you are appealing a Criminal US District Court judgment or order the time in which you are required to file your notice of appeal is set forth by Rule 4 of the Federal Rules of Appellate Procedure as follows:

(b) Appeal in a Criminal Case.
(1) Time for Filing a Notice of Appeal.
(A) In a criminal case, a defendant’s notice of appeal must be filed in the district court within 14 days after the later of:
(i) the entry of either the judgment or the order being appealed; or
(ii) the filing of the government’s notice of appeal.

An appeal does not grant the party the opportunity to retry the case. An appeal may be made only if there is an error which is appealable. Your appeal may be based upon any of the following reasons; the US Federal District Court or the California Superior Court made an erroneous interpretation of law(s), the US Federal District Court or the California Superior Court made an erroneous application(s) of the law(s) to the facts, the US Federal District Court or the California Superior Court mad an erroneous finding(s) of fact, the US Federal District Court or the California Superior Court abused its’ discretion or there was a violation of your Constitutional Rights. An appeal does not entitle either party to present new evidence.

If you believe that the US Federal District Court or the California Superior Court has made an error which is appealable you should contact the Law Office of Sam Walker immediately for a free 15-minute telephone consultation.

Our Approach to Appeals:

At the Law Office of Sam Walker, we provide zealous representation in a caring individualized manner. Your attorney will be available to you directly and you will not be forced to call a secretary or paralegal with your questions. You will have direct access to the attorney who will be handling your case throughout your appeal. If you have any questions your attorney will respond to your call within 24 hours.

Counties We Represent:

Los Angeles County, Orange County and surrounding.

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