UNDERSTANDING
THE APPELLATE
PROCESS
Created by CHARLIE MURTHA
Appellate Law
Trial Law
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This level reviews the decision made in trial
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Looks at only evidence that has already been introduced & previous legal rulings or facts
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Can either overturn or uphold the previous decision
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Looks at case through a specific standard of review
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The initial level at which a case is heard
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Lawyers use evidence & other rulings to persuade the judge or jury
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Rulings by the Court (judge) or verdicts by the jury are appealed from the trial court to the appellate court
Court System
US Supreme Court
1 Court
Texas Supreme Court
1 Court
CouRts of Appeals
14 Courts
District Courts
482 Courts
County Courts
527 Courts
Justice Courts
801 Courts
Municipal Courts
945 Courts
APPELLATE LEVEL
TRIAL LEVEL
US Supreme Court
For cases that have components of federal law, the US Supreme Court can review the rulings of the Texas Supreme Court and Criminal Court of Appeals. The ruling of the US Supreme Court is final.
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Texas Supreme Court
The highest civil appellate court in the state of Texas. Handles strictly civil cases that they deem important enough to rule on.
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Texas Court of Criminal Appeals
The highest criminal appellate court in the state of Texas. Handles strictly criminal cases that they deem important enough to rule on.
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Courts of Appeals
All civil cases that are appealed correctly and timely will go to the courts of appeals to be reviewed.
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District Courts
The highest level of trial court in the state of Texas. These courts can handle civil matters over $200 and typically handle bigger cases than county courts.
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County Courts
The trial court that is a step above the justice/municipal court level. They handle cases ranging between $200-$250,000 (maximum can vary by county). This level also has probate courts that rule in cases revolving around heirship or guardianship.
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Justice/Municipal Courts
The lowest level of the civil court system reserved for small claims and civil matters of under $20,000. Bigger cases jump straight to county or district courts.
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Texas Court of Criminal Appeals
1 Court
Appeals Process
Basic Definitions
Appellant - The appellant is the side that is appealing to some part of the trial court decision to the appellate court.
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Appellee - The appellee is the side that prevailed in trial court and is trying to defend the trial court’s decision in appellate court.
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Petitioner - The petitioner is appealing the ruling of the appellate court to the Texas Supreme Court or possibly the United States Supreme Court.
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Respondent - The respondent responds to the petition and is on the side of the initial appellate court ruling when a case is appealed to the Texas Supreme Court or possibly the United States Supreme Court.
Steps of the Process
1
PRESERVING ERROR
5
APPELLANT'S REPLY BRIEF FILED
9
MOTION FOR REHEARING EN BANC
2
FILING A NOTICE OF APPEAL
6
ORAL ARGUMENT
3
APPELLANT'S BRIEF FILED
7
APPELLATE COURT DECISION
10
PETITION FOR REVIEW TO TEXAS SUPREME COURT
11
RESPONSE TO PETITION FOR REVIEW
12
BRIEFING ON THE MERITS
4
APPELLEE'S BRIEF FILED
8
MOTION FOR REHEARING
13
TEXAS SUPREME COURT RULING
Writing An Appellate Brief
What is a Brief?
A strong appellate brief is crucial to winning on appeal. An appellate brief lays out everything for the justices and is the tool that a lawyer uses to present his or her argument. Many appeals do not even go to oral argument and are simply decided based on what is written in the briefs. The brief lays out the facts of the case, the standard of review, the question that is going to be answered, the goal for each side, and the argument that the appellant or appellee is trying to present. These briefs are organized in a very specific format that allows the appellate court to easily find each component that they need to come to a decision.
COMPONENTS OF AN APPELLATE BRIEF
Title Page
Table of Contents
Index of Authorities
Standard of Review
Questions Presented
Statement of Facts
Summary of Arguments
Argument and Citation of Authorities
Conclusion
Prayer
Standard of Review
The standard of review is the degree of deference the appellate court gives to the lower court. A high level of deference means the appellate court will put a lot of weight and trust into the initial ruling. No deference would mean the court does not take the lower court’s ruling into consideration. Different cases have different standards of review and it is up to lawyers to argue which standard applies to their case. Lawyers who want the original verdict to be upheld would argue for a stricter standard of review, which is much harder to prove, while lawyers who want to overturn the prior ruling would argue that a standard with less deference to the court is applicable. The standard of review for a case helps to set up what each side must prove in order to win. In an appeal there can be multiple issues being presented. Each issue can have a different standard of review.
De Novo
Clearly Erroneous
Reasonableness/
Substantial Evidence
Arbitrary & Capricious
Abuse of Discretion
Case Study
City of Euless v. Marta Danylyk
This case study puts the components of the appellate process into practice as a way to show how the information on this site is used in a real appellate case. City of Euless v. Marta Danylyk is a common law marriage case that has gone through the appellate system and is likely to be petitioned to the Texas Supreme Court. This is a case that is being worked on by my mentor Mr. Walker Young. I want to thank Mr. Young for providing me with the resources and guidance needed to present the case on this site
Links to Different Parts of the Case Study
Phone
(310)-486-3992