Requirements for Appealing a Court Case in Albuquerque

It is common to wish to appeal a court decision that does not rule in your favor. Depending on the type of case and the circumstances of the trial, some who lose initial trials are not eligible for appeal. Those that are eligible will find that appealing a court case in Albuquerque requires very specific legal standards to qualify as grounds for appeal.

The petitioner of a federal or New Mexico state appeal must rely on qualified legal representation to begin the process of appealing a judge’s initial decision in a losing criminal or civil case. If a judge can be shown reversible errors were made at the litigation proceedings of the initial case, it is possible to get it sent back to the original court.

If there is a chance that mistakes made by a judge or counsel can lead to the successful petitioning of an appeal, losing defendants owe it to themselves to seek representation from a qualified attorney with experience in the New Mexico appellate court system.

What Kinds of Trial Mistakes Lead to Successfully Appealing a Court Case in Albuquerque?

There are a multitude of errors that judges and counsel can make throughout a trial that can later be used as grounds for an appeal. Some common legal infractions an attorney can use to get your decision appealed are:

1. Procedure - Indications of improper legal procedure at any point throughout the trial may be enough to question an initial decision and constitute grounds for an appeal.  

2. Evidence - An appeal may be granted if a judge in an initial trial improperly allowed or excluded evidence that is prejudicial against the defendant.

3. Principle - If it can be shown that a judge made an incorrect ruling in the process of presiding a trial, it could constitute grounds to mount an appeal to the initial trial’s judgment.

 

Additional grounds for appeal are:

• Jury misconduct 
• Ineffective counsel 
• Lack of evidence 
• Newly discovered evidence or witnesses

The process of appealing a court case in Albuquerque can be complicated and frustrating. An experienced lawyer specializing in New Mexico appellate cases will give you the best chance of finding the elements of your case that could be grounds for a successful appeal of the decision from your initial trial.

The Law Office of Scott M. Davidson specializes in appeals, fighting to rectify any errors made in your initial trial. Fill out the contact form or call (505) 255-9084 today for a free, confidential consultation.