What Courts Decide Criminal Appeals in Nevada?

In Nevada, criminal appeals are a vital part of the justice system, allowing individuals convicted of a crime to challenge their conviction or sentence. These challenges often arise due to legal errors or constitutional violations that occurred during the trial. Knowing which courts handle criminal appeals in Nevada is crucial for navigating the appellate process.

At Hofland & Tomsheck, we have substantial experience handling criminal appeals at all levels of Nevada’s judicial system. Led by Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer, and Jason Carr, a seasoned appellate attorney who has successfully argued before the Ninth Circuit Court of Appeals and numerous Nevada courts, our team offers an unparalleled level of expertise. Our track record of success makes Hofland & Tomsheck the right choice for those seeking justice through an appeal.

The Courts of Criminal Appeals in Nevada

Nevada’s judicial system comprises several courts, each with jurisdiction over specific types of cases. Criminal appeals are primarily handled by the Nevada Court of Appeals and the Nevada Supreme Court, depending on the complexity and nature of the legal issues involved.

1. Nevada District Courts (Trial Level)

Criminal cases typically begin at the trial level in Nevada’s District Courts, which have general jurisdiction over felony and gross misdemeanor cases. When a defendant is convicted or sentenced, they have the right to appeal to a higher court.

Key responsibilities of the district courts include:

• Conducting criminal trials.
• Ruling on pretrial motions, evidence, and sentencing matters.
• Creating the trial record, which forms the basis for the appellate court’s review.

A defendant who believes errors occurred during the trial can file a Notice of Appeal in the district court, which initiates the appellate process and transfers the case to the appellate courts.

2. Nevada Court of Appeals

The Nevada Court of Appeals, established in 2015, helps alleviate the caseload of the Nevada Supreme Court. As an intermediate appellate court, it handles a substantial portion of Nevada’s criminal appeals. The court follows a push-down model, where the Nevada Supreme Court assigns cases to the Court of Appeals for review.

Types of Criminal Appeals Heard by the Nevada Court of Appeals:

• Routine Appeals: Typically involve less complex issues, such as procedural errors.
• Legal Errors: Includes appeals challenging errors like incorrect jury instructions or improper evidence admission.
• Sentencing Appeals: Appeals where the defendant disputes the fairness or legality of their sentence.

The Nevada Court of Appeals is composed of three judges who review cases based on written briefs submitted by both the appellant (the party appealing) and the appellee (the party defending the original decision). In some cases, the court schedules oral arguments, allowing attorneys to present their cases directly to the judges. The court’s ruling can affirm, reverse, or remand the case for further proceedings.

At Hofland & Tomsheck, we specialize in drafting compelling briefs and delivering persuasive oral arguments. Our attorneys meticulously identify trial errors and work towards a favorable outcome.

3. Nevada Supreme Court

As Nevada’s highest court, the Nevada Supreme Court handles the most significant and complex criminal appeals. These cases often involve substantial legal questions, including constitutional challenges or matters of great public interest. While the Court of Appeals reviews many cases, the Nevada Supreme Court retains jurisdiction over the most critical appeals.

Types of Criminal Appeals Heard by the Nevada Supreme Court:

• Constitutional Issues: Includes cases where fundamental rights, such as due process, are at stake.
• Death Penalty Appeals: Automatically go to the Supreme Court, bypassing the Court of Appeals.
• Significant Legal Precedents: Cases that may set new legal precedents or clarify existing laws.
• Complex Appeals: Involving multiple or complicated legal issues, often with broader implications for Nevada’s legal system.

The Supreme Court’s decisions are binding on all lower courts in Nevada. Its rulings help shape the state’s legal landscape. The court is composed of seven justices, and cases are typically reviewed by the full bench or in smaller panels.

At Hofland & Tomsheck, our attorneys have extensive experience in presenting cases before the Nevada Supreme Court. Josh Tomsheck and Jason Carr have secured several significant appellate victories, including reversals of wrongful convictions and constitutional rights defenses.

4. Federal Courts for Nevada Criminal Appeals

Certain criminal appeals in Nevada may involve federal law, particularly if constitutional rights were violated or the case concerns federal offenses. In such cases, appeals are heard by the Ninth Circuit Court of Appeals.

Ninth Circuit Court of Appeals

The Ninth Circuit Court of Appeals oversees federal criminal appeals in Nevada and other western states. The Ninth Circuit reviews cases for legal or constitutional errors and has the authority to reverse or remand cases.

Types of Criminal Cases Heard by the Ninth Circuit:

• Federal Criminal Convictions: Appeals involving federal crimes like drug trafficking or white-collar crimes.
• Constitutional Violations: Appeals citing violations of rights guaranteed by the Constitution, such as illegal searches (Fourth Amendment) or inadequate legal representation (Sixth Amendment).
• Habeas Corpus Petitions: State prisoners may file habeas corpus petitions if they believe their detention violates federal law or the U.S. Constitution.

Federal appeals follow strict guidelines under the Federal Rules of Appellate Procedure (FRAP). Given the complexity and high stakes of federal appeals, it’s crucial to have experienced representation.

Jason Carr has successfully argued numerous cases before the Ninth Circuit, many of which resulted in favorable rulings. His extensive knowledge of federal appellate law, combined with Josh Tomsheck’s criminal defense expertise, positions Hofland & Tomsheck as a top choice for handling federal appeals.

5. The United States Supreme Court

In rare cases, appeals may reach the Supreme Court of the United States (SCOTUS), the highest court in the country. The U.S. Supreme Court hears a limited number of cases, focusing on those that raise critical constitutional issues or matters of national importance.

Filing a Petition for Certiorari

To have a case heard by the U.S. Supreme Court, a defendant must file a petition for certiorari, asking the Court to review the decision of a lower appellate court. The Court typically grants certiorari only in cases that raise significant constitutional questions or where federal law is in conflict among the circuit courts.

Hofland & Tomsheck is prepared to take cases to the highest level when necessary. While not every case is eligible for Supreme Court review, Josh Tomsheck and Jason Carr have the experience to file compelling petitions and, if necessary, present strong arguments before the Court.

Why Choose Hofland & Tomsheck for Your Criminal Appeal?

The appellate process is complex, and not every attorney is equipped to handle the legal intricacies of appeals. At Hofland & Tomsheck, we offer unparalleled expertise at both the state and federal appellate levels.

• Extensive Appellate Experience: From the Nevada Court of Appeals to the U.S. Supreme Court, we’ve successfully represented clients at every level of the appellate system.
• Nationally Board-Certified Criminal Lawyer: Josh Tomsheck’s board certification is a testament to his expertise and dedication to criminal defense.
• Published Decisions and Appellate Successes: Jason Carr has argued hundreds of cases before the Ninth Circuit, resulting in numerous favorable rulings.
• Comprehensive Legal Strategy: We meticulously review trial records, identify legal errors, and craft persuasive appellate briefs and oral arguments.

Contact Hofland & Tomsheck Today

If you or a loved one is seeking to appeal a criminal conviction or sentence, it is critical to act quickly. The appeals process is time-sensitive, and missing key deadlines can jeopardize your right to appeal. Contact Hofland & Tomsheck for a free consultation today. We’ll review your case, explain your options, and guide you through the appellate process with the expertise and dedication you need to seek justice.