Federal Appeals

Appeals from United States District Courts are heard by the United States Circuit Courts of Appeals. [1] An appeal from a district court judgment is initiated by the filing of a notice of appeal in the district court. [2] A defendant’s notice of appeal must be filed within 14 days of the judgment. [3] If the defendant has filed certain motions such as a Rule 29 motion for judgment of acquittal, Rule 33 motion for new trial, or Rule 34 motion for arrest of judgment, the notice of appeal may be filed within 14 days of a ruling on the motion. [4]

An appeal must be based on the appellate record, called the record on appeal. The record on appeal is comprised of the original papers and exhibits filed in the district court, transcripts of proceedings, and the docket. [5] The appellant bears the burden to order transcription of the relevant proceedings. [6]

Appellate issues are considered by the courts through standards of review. A standard of review may be thought of as the lens through which the court reviews an issue. Different standards of review apply in different circumstances. For example, the admission of evidence is reviewed for abuse of discretion. [7] This means that the district court had discretion and the appellate question is whether the court abused that discretion. By contrast, questions of law are reviewed de novo. [8] The term de novo is Latin for “anew” and means that the appellate court will give a fresh review to the district court’s decision on the question of law.

Appellate issues also must be preserved, meaning that the issue was first raised and decided at the district court level before being raised on appeal. The preservation rule serves many roles in the justice system by giving the trial court an opportunity to correct the error and preventing an attorney from sitting on an issue and holding it in the event of a negative trial outcome. Unpreserved issues can be raised only through a plain error standard of review. To qualify as plain error, the appellant bears the burden to establish (1) an error, (2) that is plain, and (3) that affects substantial rights. [9] Appellate courts are directed to find plain error sparingly and only where the error seriously affects the fairness, integrity, or public reputation of judicial proceedings. [10]

Once the appellate issues are identified, they must be written into a brief and filed with the court. Appeal briefs must follow specific rules. [11] Different appellate courts may also have local rules which attorneys must follow. [12] The defendant must file his or her brief first, then the government gets the opportunity to answer, and the defendant gets the last word in a reply brief. [13] Oral arguments before a panel of appellate judges may be requested as well. [14] After the process is complete, the appellate court will give its decision.

Stated simply, federal criminal appeals are complicated matters. If you or someone you love is in need of experienced representation on a federal appeal, contact Peter Armstrong, Attorney at Law, for a free consultation.

Citations:
1. 28 U.S.C. § 1291.
2. Fed. R. App. P. 4(b).
3. Id.
4. Fed. R. App. P. 4(b)(3)(A).
5. Fed. R. App. P. 10(a).
6. Fed. R. App. P. 10(b).
7. U.S. v. Harding, 104 F.4th 1291, 1295 (11th Cir. 2024); U.S. v. Midkiff, 614 F.3d 431, 441 (8th Cir. 2010).
8. U.S. v. Ndiaye, 434 F.3d 1270, 1280 (11th Cir. 2006); Karsjens v. Lourey, 988 F.3d 1047, 1050 (8th Cir. 2021).
9. U.S. v. Garcia, 906 F.3d 1255, 1267 (11th Cir. 2018); U.S. v. Coonce, 932 F.3d 623, 638 (8th Cir. 2019).
10. Jones v. U.S., 527 U.S. 373, 389 (1999) (quoting U.S. v. Olano, 507 U.S. 725, 732 (1999)).
11. Fed. R. App. P. 28, 31, and 32.
12. Fed. R. App. P. 47.
13. Fed. R. App. P. 31.
14. Fed. R. App. P. 34.