Criminal Defense Without Compromise
Appeals and Post-Conviction Litigation
When it appears that the judge made an error of law at a trial or other proceeding, the most direct form of relief is to file an appeal to a higher court.
If the court denied your motion to suppress, or if you were found guilty after trial, there might still yet be hope in a direct appeal. The Appeals Court and the Supreme Judicial Court have the power to overturn erroneous decisions of the trial court.
The appeals process
The appeals process is long and complex. It begins with an exhaustive review of everything that occurred in the lower court. An attorney must review all motions, the transcripts of the motion hearings, the trial transcripts, the exhibits and other evidence, and the decisions of the judge. Each and every page must be analyzed, leaving no stone unturned. Preparation then shifts to analysis of precedent, statutes, and other sources of applicable law. This is a comprehensive vetting of all existing case law pertaining to a particular subject. It is a labor intensive task that requires hours of focus and diligence. A lawyer must fully understand the history of the legal issues involved, and the treatment of those issues by the Massachusetts high courts and the highest court of other jurisdictions. This study will reveal whether the lower court made any errors of law. If viable appellate issues exist in your case, the attorneys at Erkan & Sullivan, PC will find them.
If viable appellate issues exist in your case, the attorneys at Erkan & Sullivan, PC will find them.
– Ryan Sullivan
Once our case study is complete, our team crafts a meticulous appeals brief. Limited to 50 pages, an appeals brief should contain an accurate, persuasive statement of the factual and procedural background of the case. More importantly, the brief must contain a compelling analysis of the law and how it applies to your case. This is where research pays off. By fully understanding the law on a particular subject, a successful advocate can show the justices where the lower court went astray, and why it is important to correct the error.
Once the other side completes their briefing the case proceeds to oral argument before a panel of three Appeals Court justices (in most circumstances).
The Appeals Court gives you fifteen minutes to make your case. As you begin your argument, a clock begins counting down. As each precious second ticks away, the justices fire questions at you. A successful advocate will be prepared to directly address the justices’ concerns. This is why it is so important to have an encyclopedic knowledge of the relevant area of law – no one can predict what direction the conversation will take.
The lawyer must be prepared to discuss whichever aspects of the case the justices find most interesting or important. You only get one shot at this argument, and the hearing ends when the clock reaches zero, whether you reached all the topics you wanted to discuss or not.
Like pugilists training for a title fight, the professionals at Erkan & Sullivan, PC begin training for the oral argument months in advance, vetting their prior, meticulous research, following the law to the farthest corners of the internet and the law library.
– Murat Erkan
The only way to prepare for these 15 intense, important minutes is diligent study. The attorneys at Erkan & Sullivan, PC thrive in these high-pressure situations. Like pugilists training for a title fight, the professionals at Erkan & Sullivan, PC begin training for the oral argument months in advance, vetting their prior, meticulous research, following the law to the farthest corners of the internet and the law library.
Different Appeal Forums
When a direct appeal is filed, the case is most commonly referred to the Appeals Court. The Appeals Court is comprised of 25 justices. A panel of three justices will be assigned to your case. An adverse ruling before the three judge panel opens the door for review by the Massachusetts Supreme Judicial Court. Each of these justices have one thing in common: they demand the utmost preparation and professionalism from attorneys. Total mastery of the law, and the refined oral advocacy skills necessary to demonstrate the injustice which occurred in your case, are required.
Direct Appellate Review
In certain cases, it may make strategic sense to bypass the appeals court and seek direct appellate review from the Supreme Judicial Court. The SJC is the highest court in the Commonwealth and its judges are particularly thoughtful. Cutting edge legal issues are sometimes best positioned for the SJC rather than the Appeals Court. To date, each of our applications for direct appellate review have succeeded.
Interlocutory appeal
Another way that a case can enter the appeals court is an interlocutory appeal. This is a unique type of appeal which allows a person who has lost a motion to suppress to appeal the order before proceeding to trial. If successful, an interlocutory appeal is highly advantageous because if you win, you don’t run the risk of conviction at trial. These types of appeals are sparingly granted and only on a discretionary basis.
Your final stand
Your appeal is your last chance, and the odds are against you. The attorneys at Erkan & Sullivan, PC will tirelessly dedicate themselves to you in order to make the most of your last chance to win your case. Contact us to get the straight answers you are looking for.