(305) 384-6160

Direct Appeal

Direct Appeal

These are the bread and butter of appellate practice.  After a negative result at a trial, you have thirty days to appeal (this time may in some instances be extended for good cause shown).  The appeal is a review of everything that happened at the trial, from jury selection to the verdict.  We get the transcripts of the trial, because what the court reporter recorded is the official record of the proceedings.  We consult with you about the issues we see and we discuss the issues that you see.  We research to find other cases that support out clients position.  We put our carefully crafted legal arguments in the form of a brief.  Generally we have oral argument where we appear in person before the judges deciding the appeal.  Direct appeals from state Circuit Court (felony trial court) are heard at the District Courts of Appeal. The judge who heard your trial case is not involved, instead a three-judge panel of appellate judges hears and decides the case. Daniel Tibbitt has practiced extensively in Florida’s District Courts of Appeal in direct appeal cases and has had substantial success. In direct appeals, generally the issues raised have to do with legal errors made by the judge or the prosecutor. In most cases, ineffective assistance of defense counsel cannot be raised on direct appeal.