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Appellate
practice is
an
area which
has its own
distinctive
rules,
philosophies,
and
standards of
advocacy.
As we
are heavily
involved in
litigation
at the trial
level, we
are able to
assess what
happened in
the lower
court by
objectively
reviewing
and
analyzing
trial court
proceedings
to determine
whether
appealable
errors were
made. This
unique
ability
provides
success in
areas
encompassed
by our
appeals.
Click here
to view our
Appellate
Law FAQ
What is an
Appeal?
An "Appeal"
is a
challenge of
an earlier
decision
that is
presented to
a higher
court for
review.
Appeals
generally
are based on
procedural
errors that
take place
at the trial
level.
The
Appellate
courts
review the
rulings of
law to
decide whether
these errors
had an
impact on
the result
or made the
trial
unfair.
It is
important to
note that
the
appellate
courts
review only
the legal
aspects of a
case; they
do not
re-open the
facts of a
case already
found by the
lower
court.
Furthermore,
appellate
courts will
not consider
legal
arguments
that were
not
mentioned,
or were not
objected to,
by counsel
at the lower
court
level. The
appellate
court will
only grant
relief if
the
erroneous
ruling was
harmful to
the
outcome.
Criminal &
Family Law
Appeals
At Tully
Rinckey,
we focus our
appeals
predominantly
in the areas
of criminal
law and
family law.
For example,
a criminal
appeal may
result from
a plea which
a defendant
enters but
subsequently
wishes to
appeal, or
from a
lengthy
criminal
trial which
poses
numerous
issues that
may be
raised on
appeal.
Specifically,
our criminal
law appeals
include
anticipatory
offenses,
offenses
involving
physical
injury,
sexual
conduct,
damage and
intrusion
upon
property, as
well as
offenses
involving
theft and
fraud.
Our family
law appeals
revolve
around the
issues of
child
custody,
child
support,
termination
of parental
rights,
neglect, and
numerous
other areas
which are
contained in
the Family
Court Act.
Other
Appeals
At Tully
Rinckey
we also
prosecute
appeals in
different
areas of
law,
including
land use and
zoning, as
well as
administrative
appeals. In
addition,
we handle
appellate
motions,
including
but not
limited to,
motions to
reinstate
abandoned
appeals and
motions to
consolidate
different
matters.
Our Services
The
appellate
law practice
area at
Tully
Rinckey PLLC
focuses on a
high level
of advocacy
which
demands
excellent
research and
writing
skills. As
a result, we
are able to
properly
evaluate any
case, and
craft
arguments to
maximize
each
appellate
client's
chance for
success.
Every appeal
is
thoroughly
researched
and well
written,
represents
the facts in
the record,
and presents
the relevant
case law.
Our
extensive
law library
includes
electronically
updated
state and
federal
statutes, as
well as case
law dating
back to the
1800s. As
such, we are
able to
handle
appeals
promptly,
efficiently,
and
skillfully,
with the
confidence
that each
client’s
arguments
are
presented in
the best
manner
possible.
At Tully
Rinckey PLLC,
our object
is quality
and client
success.
We provide
services for
both
appellants
who wish to
overturn a
lower court
order,
decision,
verdict or
judgment, as
well as
respondents
who wish to
uphold their
lower court
success.
Our
Experience
Our
attorneys
have a
successful
record with
appeals at
both the
State and
Federal
levels,
including
the United
States
Supreme
Court. Some
of these
important
victories
can be found
"In the
News"
section of
this
website.
Moreover,
the
attorneys at
Tully
Rinckey PLLC
are admitted
in various
courts
including
all local,
county and
state courts
in New York,
the United
States
District
Court for
the
Northern,
Eastern and
Southern
Districts of
New York,
the United
States Court
of Appeals
for the
District of
Columbia,
the United
States Court
of Appeals
for the
Federal
Circuit, the
United
States Court
of Appeals
for the 1st,
3rd,
4th,
5th,
7th
and 11th
Circuits,
the Federal
Court of
Claims, the
Court of
Appeals for
the Armed
Forces, the
Army Court
of Criminal
Appeals, The
United
States Court
of Appeals
for
Veteran's
Claims, the
United
States Air
Force Court
of Criminal
Appeals, and
the United
States
Navy-Marine
Corps Court
of Criminal
Appeals.
By working
together, we
will make
every effort
to achieve a
result in
your best
interest.
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