Mark R. Feeser - Attorney at Law

Appellate Law

California residents who want to appeal a trial court ruling or decision in a civil or criminal case should contact an experienced appellate lawyer.

At the office of Mark Feeser, Attorney at Law, I know from experience that many trial court rulings or decisions can be wrong or overlook an important issue. In many cases, these errors or mistakes by the trial court can be appealed to the California State or federal appeals courts.

To schedule an initial consultation to discuss your legal needs and how I may be of assistance, please call (805) 542-0189.

What is an Appeal?

An Appeal requests a higher court to overturn or reverse the judgment or other rulings of the lower or trial court. Appellate lawyers study the record on appeal and prepare appellate briefs, setting forth the legal arguments for reversing the lower court judgment. The appellate court then reviews the legal arguments of the parties, reviews the record, and determines whether the lower court has made an error, and if so, returns the case to the trial court to correct the error or errors.

Civil Appeals

A civil appeal is the process by which parties in a lawsuit seek to uncover errors that may have occurred in the trial court. Either or both sides may file an appeal. The parties then prepare a record from which an appellate court will look to determine if there was any error that requires a reversal of the lower court ruling. The appellate court considers only the record of the lower court proceedings, and no new testimony or evidence is generally considered. Further, any claimed error must have been argued during the lower court proceeding and generally may not be raised for the first time on appeal.

Appellate attorneys prepare and file briefs to persuade the appellate court that the trial court committed error. A skilled appellate lawyer can help you determine if there is any legal basis to challenge the lower court ruling and to effectively advocate to the appellate court that a reversal of the lower court ruling is required.

Criminal Appeals

The legal system can be very intimidating to those charged with a crime. Many California defendants will accept their sentences without question and endure a lifetime of injustice.

A criminal appeal is the mechanism for a defendant who receives an unfavorable verdict or outcome in a criminal case to contest his or her conviction to a formal appeals court. All defendants who have been convicted following a trial have a right to appeal. The criminal appeal process, therefore, is initiated typically by the defendant who believes that an egregious error, present in their particular trial, prevented them from obtaining an accurate judgment in their case. A skilled appellate lawyer can help you determine if there is any legal basis to challenge an inappropriate sentence or unjust outcome in your case.

I have handled both civil and criminal appeals in state and federal court. If you would like to contact an experienced California appellate lawyer to appeal a conviction, trail court ruling, or decision, please contact Mark Feeser, Attorney at Law.

Published Cases

People v. Carter (2014) 227 Cal.App.4th 322
People v. Ledbetter (2014) 222 Cal.App.4th 896

te is offered solely for informational purposes. It is not intended as legal advice and must not be relied on as such. 
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