Criminal Appeals to Utah Supreme and the Court of Appeals
Unlike an appeal from Justice Court to District Court, an appeal from District Court to the Utah Supreme Court or the Utah Court of Appeals does not involve a de novo trial, meaning the appellate courts do not hold a trial for the defendant. Instead, the appellate courts are limited to reviewing what occurred in the District Court for error. The appellate courts can overturn District Court’s findings of law and in some instances the findings of fact.
Appellate Practice Requires a Specific Skill Set
Not all criminal defense attorneys are appellate attorneys. That is because the skills required to provide a good defense in a trial court, such as Justice Courts and District Courts, are different than the skills required to prevail in the Utah Supreme Court or the Utah Court of Appeals. On the appellate level the attorney is required to present a much more academic review of the case and must rely on legal authority. The appellate attorney must also be an excellent writer since the appellate courts review the case by way of written briefs. Excellent oral advocacy is also required, but in a different way than the oral advocacy presented in trial courts. In appellate hearings the attorney is battered by multiple judges on question of law and the appellate lawyer must be able to respond quickly and accurately.
Utah Defenders – Utah’s Criminal Appellate Law Firm
The Salt Lake City attorneys at Utah Defenders are experienced appellate attorneys, having appellate experience in Utah, California, and on the federal level including the United States Supreme Court. Let our appellate experience work for you. Most of our appellate clients come to us after having had a different trial attorney, because they have heard of our ability in the appellate courts.
Contact Us for a Free Consultation
Email or call us anytime to schedule a free consultation. 801.618.1334. You can contact us 24 hours a day and we can generally get you in for a same day consultation.