What is an Appeal?

An appeal is a legal process that allows individuals to challenge the outcome of a court decision by asking a higher court to review the case for legal errors. Unlike a trial, an appeal does not involve presenting new evidence or witnesses; rather, it focuses on reviewing the procedures and rulings of the lower court to determine whether any mistakes were made that impacted the fairness or outcome of the case. Appeals serve as a critical mechanism for ensuring that legal proceedings adhere to constitutional and statutory standards, correcting any potential errors that occurred during the trial process.

At Hofland & Tomsheck, our appellate team, led by Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer, and Jason Carr, who has argued over one-hundred cases before the Ninth Circuit Court of Appeals, has vast experience handling appeals in Nevada state and federal courts. Our firm is uniquely equipped to take on complex appeals, ensuring that every possible legal avenue is explored to secure justice for our clients.

The Purpose of an Appeal

The primary purpose of an appeal is to correct legal errors that may have occurred during a trial. It’s not about retrying the case but ensuring that the legal process was fair and that the defendant’s rights were upheld throughout the trial. Common issues raised on appeal include:

• Incorrect application of the law: Misinterpretation or misapplication of laws by the trial court.
• Improper admission or exclusion of evidence: Wrongfully allowing or excluding evidence that could have affected the trial’s outcome.
• Jury instruction errors: Providing the jury with incorrect or misleading instructions regarding the law.
• Constitutional violations: Violations such as unlawful searches, coerced confessions, or due process violations.
• Sentencing errors: When a sentence is excessively harsh, outside statutory guidelines, or improperly calculated.

The Appeals Process: Step-by-Step

The appeals process follows a series of strict rules and deadlines, requiring careful legal work at every step. Here’s a look at how an appeal typically proceeds:

1. Filing the Notice of Appeal

The first step in appealing a case is filing a Notice of Appeal, which informs the trial court and the opposing party that the decision is being challenged. This must be done within 30 days of the final judgment or sentence in Nevada, as per the Nevada Rules of Appellate Procedure (NRAP), or under the Federal Rules of Appellate Procedure (FRAP) for federal cases. Missing this deadline can forfeit your right to appeal, making timely action essential.

At Hofland & Tomsheck, we ensure that this critical step is completed promptly, giving your appeal the strongest possible start.

2. Preparation of the Record

The Record on Appeal consists of all the relevant trial documents, motions, transcripts, and exhibits. This record forms the basis of the appellate court’s review. Because the appellate court does not consider new evidence, it’s essential that every detail of the trial record is examined to identify errors that may form the basis of the appeal.

Our attorneys conduct a thorough review of the record, identifying any legal missteps or violations that may have occurred during the trial.

3. Appellate Briefs

The core of any appeal is the appellate briefs—written arguments explaining why the trial court’s decision was incorrect. Appellate briefs consist of:

• Opening Brief: The appellant (the party appealing) submits this document outlining the legal errors made during the trial, supported by case law and statutes.
• Response Brief: The opposing party (appellee) files a brief defending the trial court’s decision.
• Reply Brief: The appellant may file a reply brief to address arguments raised by the appellee.

At Hofland & Tomsheck, Jason Carr and Josh Tomsheck are highly experienced in crafting persuasive and well-researched appellate briefs that provide compelling arguments for overturning or modifying the trial court’s decision.

4. Oral Arguments

In some cases, the appellate court may schedule oral arguments, where attorneys from both sides present their cases and respond to questions from the judges. Oral arguments provide a critical opportunity to clarify legal points and persuade the court of the need to reverse or modify the lower court’s ruling.

Our Appellate attorneys, former Chief Deputy District Attorney Josh Tomsheck, a nationally board certified Criminal Lawyer, Josh Tomsheck and Jason Carr, have argued hundreds of cases before the Nevada Supreme Court and Ninth Circuit Court of Appeals, making them exceptionally skilled in presenting compelling arguments to appellate judges.

5. Appellate Court’s Decision

After reviewing the briefs and hearing oral arguments, the appellate court will issue a written decision. This decision may:

• Affirm the trial court’s ruling, allowing the conviction or sentence to stand.
• Reverse the ruling, which could result in a new trial or dismissal.
• Modify the sentence or other aspects of the judgment.
• Remand the case back to the trial court for further proceedings.

State and Federal Appeals

In Nevada, appeals are typically heard by the Nevada Court of Appeals or the Nevada Supreme Court. Federal appeals are brought before the Ninth Circuit Court of Appeals. Each court follows its own procedural rules, such as the NRAP for state appeals and the FRAP for federal cases.

At Hofland & Tomsheck, our attorneys are deeply familiar with the procedural requirements of both state and federal appeals, ensuring that we navigate the appellate process efficiently and effectively.

Why You Need Experienced Appellate Attorneys

Appeals require a different set of skills than trials. They focus on written and oral advocacy, legal precedent, and procedural rules. Not all criminal defense attorneys are equipped to handle appeals, which demand a comprehensive understanding

of legal standards, statutes, and appellate court procedures. Having an experienced appellate attorney is essential for spotting errors, building compelling legal arguments, and navigating the complexities of the appellate process.

At Hofland & Tomsheck, Josh Tomsheck and Jason Carr bring decades of appellate experience to the table. Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer, has extensive knowledge of Nevada’s criminal justice system, while Jason Carr has argued winning appeals in both state and federal courts, with both lawyers obtaining prevailing published decisions. Together, they provide unmatched appellate representation, ensuring that every possible legal error is identified and pursued on appeal.

Why Choose Hofland & Tomsheck for Your Appeal?

Choosing the right attorney for your appeal is crucial. At Hofland & Tomsheck, we offer:

• Extensive Appellate Experience: Our attorneys have a proven track record of success in both state and federal appellate courts.
• Nationally Board-Certified Expertise: Josh Tomsheck is a Board-Certified Criminal Lawyer, a mark of his expertise and commitment to excellence in criminal defense.
• Personalized Approach: We take the time to understand the specifics of your case, providing tailored legal strategies designed to achieve the best possible outcome.
• Commitment to Justice: We are dedicated to fighting for your rights and ensuring that any legal errors that occurred during your trial are corrected.

Contact Us Today for a Free Consultation

If you believe legal errors occurred during your trial, an appeal may be your best chance to correct those mistakes and seek justice. The time to file an appeal is limited, so don’t wait to take action. Contact Hofland & Tomsheck today for a free consultation. Our experienced appellate attorneys will review your case, explain your options, and guide you through every step of the appellate process with skill and determination.