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Appellate practice is an area which has its own distinctive rules, philosophies, and standards of advocacy. As we are heavily involved in litigation at the trial level, we are able to assess what happened in the lower court by objectively reviewing and analyzing trial court proceedings to determine whether appealable errors were made. This unique ability provides success in areas encompassed by our appeals.
From the highest court in the nation, the U.S. Supreme Court, to lower state and federal courts, Tully Rinckey PLLC’s attorneys have consistently and successfully fought at the appellate level to undo procedural errors. These procedural errors, when left unchecked, can become ingrained in case law and adversely affect countless future parties and deprive them of justice.
That is why Tully Rinckey PLLC in 2014 prepared an amicus curiae (“friend of the court”) brief with respect to DHS v. MacLean – the first federal whistleblower case ever heard by the U.S. Supreme Court. Recognizing how the misinterpretation of the law could have dire consequences on federal employees and the efforts to rout fraud, waste and mismanagement in the government, firm attorneys reviewed troves of congressional records, hearing transcripts, bill mark-ups, and other documents to show justices how the Whistleblower Protection Act should be properly interpreted.
What is an Appeal?
An “Appeal” is a challenge of an earlier decision that is presented to a higher court for review. Appeals generally are based on procedural errors that take place at the trial level. The Appellate courts review the rulings of law to decide whether these errors had an impact on the result or made the trial unfair. It is important to note that the appellate courts review only the legal aspects of a case; they do not re-open the facts of a case already found by the lower court. Furthermore, appellate courts will not consider legal arguments that were not mentioned, or were not objected to, by counsel at the lower court level. The appellate court will only grant relief if the erroneous ruling was harmful to the outcome.
Criminal & Family Law Appeals
For example, a criminal appeal may result from a plea which a defendant enters but subsequently wishes to appeal, or from a lengthy criminal trial which poses numerous issues that may be raised on appeal. Specifically, our criminal law appeals include anticipatory offenses, offenses involving physical injury, sexual conduct, damage and intrusion upon property, as well as offenses involving theft and fraud.
At Tully Rinckey we also prosecute appeals in different areas of law, including land use and zoning, as well as administrative appeals. In addition, we handle appellate motions, including but not limited to, motions to reinstate abandoned appeals and motions to consolidate different matters.
The appellate law practice area at Tully Rinckey PLLC focuses on a high level of advocacy which demands excellent research and writing skills. As a result, we are able to properly evaluate any case, and craft arguments to maximize each appellate client’s chance for success. Every appeal is thoroughly researched and well written, represents the facts in the record, and presents the relevant case law. Our extensive law library includes electronically updated state and federal statutes, as well as case law dating back to the 1800s. As such, we are able to handle appeals promptly, efficiently, and skillfully, with the confidence that each client’s arguments are presented in the best manner possible.
At Tully Rinckey PLLC, our object is quality and client success. We provide services for both appellants who wish to overturn a lower court order, decision, verdict or judgment, as well as respondents who wish to uphold their lower court success.
Our attorneys have a successful record with appeals at both the State and Federal levels, including the United States Supreme Court. Some of these important victories can be found “In the News” section of this website.
Moreover, the attorneys at Tully Rinckey PLLC are admitted in various courts including all local, county and state courts in New York, the United States District Court for the Northern, Eastern and Southern Districts of New York, the United States Court of Appeals for the District of Columbia, the United States Court of Appeals for the Federal Circuit, the United States Court of Appeals for the 1st, 3rd, 4th, 5th, 7th and 11th Circuits, the Federal Court of Claims, the Court of Appeals for the Armed Forces, the Army Court of Criminal Appeals, The United States Court of Appeals for Veteran’s Claims, the United States Air Force Court of Criminal Appeals, and the United States Navy-Marine Corps Court of Criminal Appeals.
By working together, we will make every effort to achieve a result in your best interest. Below is a sampling of appellate court victories our attorneys have secured for clients.
- U.S. Supreme Court
- Jackson v. United States, 543 U.S. 1103 (U.S. 2005)
- U.S. Court of Appeals for the Federal Circuit
- Pucilowski v. Department of Justice, 498 F.3d 1341 (Fed. Cir. 2007)
- Hernandez v. Department of the Air Force, 498 F.3d 1328 (Fed. Cir. 2007)
- Erickson v. U.S. Postal Service, 571 F.3d 1364 (Fed. Cir. 2009)
- Erickson v. United States Postal Serv., 636 F.3d 1353 (Fed. Cir. 2011)
- Tierney v Department of Justice, 717 F.3d 1374 (Fed. Cir. 2013)
- 2nd U.S. Circuit Court of Appeals
- Greene v. David,1999 U.S. App. LEXIS 28473 (2d Cir. N.Y. Oct. 29, 1999)
- Songbyrd, Inc. v. Estate of Grossman, 206 F.3d 172 (2d Cir. N.Y. 2000)
- 9th U.S. Circuit Court of Appeals
- Brewster v. Sun Trust Mortg., Inc., 742 F.3d 876 (9th Cir. Cal. 2014)
- New York Court of Appeals
- People v. English, 73 N.Y.2d 20 (N.Y. 1989)
- People v. Robinson, 75 N.Y.2d 879 (N.Y. 1990)
- People v. Van Norstrand, 85 N.Y.2d 131 (N.Y. 1995)
- Matter of Schenectady County Socy. for the Prevention of Cruelty to Animals, Inc. v Mills, 2011 NY Slip Op 7476 (N.Y. Oct. 25, 2011)
- New York Supreme Court, Appellate Division, Third Department
- Rodschat v. Herzog Supply Co.,208 A.D.2d 1167(N.Y. App. Div. 3d Dep’t 1994)
- Jordan v. Maple Ski Ridge, 229 A.D.2d 756 (N.Y. App. Div. 3d Dep’t 1996
- Lawyer v. Hoffman,275 A.D.2d 541 (N.Y. App. Div. 3d Dep’t 2000)
- Heath v. Allerton,279 A.D.2d 872 (N.Y. App. Div. 3d Dep’t 2001)
- People v. Stewart, 20 A.D.3d 769 (N.Y. App. Div. 3d Dep’t 2005)
- Matter of Schenectady County Socy. for The Prevention of Cruelty To Animals, Inc. v Mills, 74 A.D.3d 1417 (N.Y. App. Div. 3d Dep’t 2010)
- New York Supreme Court, Appellate Division, Fourth Department
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