Strategic Counsel For Appellate Matters

Appeals are a niche area of law. Pursuing an appeal is much different than handling a case at trial. Depending on the forum – whether a state or federal court of appeals – differing timelines and procedural rules apply. A successful appeal requires not only an in-depth knowledge of those rules, but also strong research, writing and oral argument skills as well as a firm grasp on the substantive law involved.

At True Guarnieri Ayer, LLP, we serve as diligent appellate counsel for clients on a wide range of legal matters, including civil litigation, family law appeals and criminal cases. We can review the trial court judgment to assess your options for appeal and strategize the strongest grounds for overturning the judgment.

Experience At Each Level Of The Appellate System

Our appellate lawyers have a proven record of success handling appeals at the state and federal level. In Kentucky, our lawyers routinely handle appeals before the Court of Appeals and Supreme Court. At the federal level, our lawyers have represented clients before the Sixth Circuit Court of Appeals and the United States Supreme Court. We understand the process for pursuing an appeal at each of these levels. Whether you are looking to appeal a state court or federal court matter, you can rely on us to skillfully handle your case.

Understanding The Appeals Process

Generally speaking, an appeal follows the process below:

• Filing the notice of appeal within the appropriate time frame, which initiates the appellate case
• Reviewing details from the lower court record and preparing written briefs, which are written arguments that often play a pivotal role in the success or failure of an appeal
• Appearing before a panel of the appellate court for oral argument
• Awaiting the written opinion and decision of the appellate court
• Pursuing further appeals to a higher court, in some cases

Unlike trial court, appeals do not involve presenting new evidence or calling witnesses. They are not a “do-over.” Instead, appeals are based on mistakes that the district court made or wrongful interpretations of the law. Identifying the strongest grounds for appeal is critical. Our attorneys are well-versed in pinpointing those grounds and making strong arguments in our clients’ favor.

Representative Matters

Ragland v. Commonwealth, 191 S.W.3d 569 (Ky. Supreme Court, 2006): Murder conviction reversed based upon admission of faulty ballistic evidence.

Jenkins v. Commonwealth, 308 S.W.3d 704 (Ky. Supreme Court 2010): Felony conviction reversed due to trial court’s failure to admit expert testimony offered by defense.

Commonwealth v. Lundergan, 847 S.W.2d 729 (Ky. Supreme Court 1993): Felony conviction of State Representative overturned based upon statute of limitations.

McKinney v. Lexington-Fayette Urban County Gov’t, 651 Fed. Appx. 449 (6th Circuit 2016): District court judgment finding that Lexington-Fayette Urban County Government was not protected by sovereign immunity doctrine in wrongful death case affirmed on appeal.

Redmon v. Redmon, 823 S.W.2d 463 (Ky. Court of Appeals 1992): Appellate court affirmed judgment awarding child support for mother and child against father claiming child support not owed while incarcerated.

Commonwealth Educ. & Humanities Cabinet Dep’t of Educ. V. Gobert, 979 S.W.2d 922 (Ky. Court of Appeals 1998): Appellate court affirmed trial court’s judgment vacating several state government hiring decisions for violating state law.

Kentucky Retirement Systems v. Chamberlain, 558 S.W.3d 482 (Ky. Court of Appeals 2018): Appellate Court affirmed trial court’s order estopping KRS from voiding retiree’s pension benefits due to part-time employment.

Commonwealth of Kentucky, Cabient for Health and Family Services, et al. v. Claycomb, et al., 566 S.W.3d 202 (Ky. Supreme Court 2018): Supreme Court affirmed trial court’s order finding Kentucky Medical Malpractice Review Panel Act as unconstitutional.

Dolt, Thompson, Shepherd & Conway, P.S.C. v. Commonwealth of Kentucky, 607 S.W.3d 683 (Ky. Supreme Court 2020): Supreme Court affirmed trial court order requiring state to pay Appellant’s contingency fee related to their recovery against Purdue Pharma on behalf of state.

Contact True Guarnieri Ayer, LLP, To Arrange a Free Consultation

To learn more about your options for appeal and how we can help, please contact our firm in Frankfort, Kentucky, at 502-783-7662. You can expect an honest opinion on the merits of your case based on our extensive experience handling numerous appeals.