In the world of law, an appeal is not a retrial. This is a common misconception that many people have when they are facing legal issues. In reality, an appeal is a process that can only argue legal mistakes made during the trial, not the facts of the case. Appellate lawyers have limitations in their access to evidence and are only able to look at the trial record.
Steve Palmer shares these insights on this episode of the Lawyer Talk podcast. He emphasizes the importance of understanding the limitations of the appellate process, as well as the options available for addressing issues that were not included in the trial record.
One option for addressing issues outside of the trial record is through post-conviction proceedings. However, these proceedings have different deadlines and requirements than direct appeals, making it crucial for those involved to have a clear understanding of the legal process and their options.
Winning an appeal does not necessarily mean that the case is won and the individual can go home. Often, it simply means a new trial with different rules in place. It is important to be vigilant about post-conviction remedies and to ask questions to ensure that the attorney understands the deadlines and requirements.
Understanding the limitations of the appellate process and being aware of post-conviction remedies are crucial for those involved in legal matters. This episode provides valuable insights and information for those seeking a deeper understanding of the legal process.
Submit your questions to www.lawyertalkpodcast.com.
Recorded at Channel 511, a production of 511 South High Media LLC.
Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.
Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.
He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.
Steve has unique experience handling numerous high publicity cases that have garnered national attention.
For more information about Steve and his law firm, visit Yavitch & Palmer Co., L.P.A.
You can also find Lawyer Talk on these platforms:
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Copyright 2024 Stephen E. Palmer - Attorney At Law
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