My case involves highly technical and scientific issues. The case was declared complex and it is my belief that the jury simply did not understand any of the technical nature of the trial.
You should talk to your appellate attorney about how best to present your arguments. You are limited, for the most part, to the evidence that was presented at trial. There is some latitude about how you make that argument. You are likely to find the Circuit judges much more capable at understanding a complex case than a jury.
In answering this question, it is not intended that an attorney-client relationship is formed and the information is for general reference only. I am licensed in Michigan and Florida and offer no legal advice outside of those states.
So, instead of hiring an appellate attorney, you think you can do an appeal by yourself, and just need some guidance as to this particular question. You are wrong, way wrong. Appeals are much more complex than trials. Get counsel immediately.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Yes, a chart or table is perfectly acceptable. But be sure that the table or chart is NOT an attempt to sneak something before the appellate court that is not part of the record. Presenting information in a way that summarizes or compiles information that IS part of the lower court record to make it clear to the appellate court is perfectly acceptable. By the way, I am sorry that the jury did not understand the material before it. This is all too possible and very difficult to overcome on appeal. (The appellate court is very deferential to the jury's findings of fact.)
You were found guilty by a jury of your peers. The jury is responsible to make the factual determinations and of of course because of the guilty verdict you did not like their determination. But where is the error? Appeals cases are not retrials. Unless the court finds that no reasonable jury could come to the conclusion s based on the evidence, you're not going to go far. You fault a jury for not understanding a highly technical case and then propose to do this yourself..... You need an appellate attorney. You really get one shot at a direct appeal... You need an attorney reviewing this case determining if there are errors that caused an unfair trial that warrant reversal...
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Appeals deal with legal wrongs in your case, not the jury's determination. If your just hoping the appeals judges will come to a different conclusion then you've already lost. You should really have an attorney handle your appeal. It sounds like you're doing this on your own and appeals are very technical and legal based.
As many colleagues have already indicated, an appeal is not an opportunity to re-try a case, and the appellate process is one that is complicated. Additionally, there are only a finite number of post-conviction options available--i.e. direct appeal, collateral attacks, and other possible mitigation options depending on the specifics of the matter. I would recommend contacting a federal criminal defense attorney with experience, and who can intimately explain to you all of your relief options-- there are likely several available. Further, I would recommend retaining sooner than later, as you are now on several legal/procedural clocks, and post-conviction avenues are inherently time sensitive. Delay could result in forfeiting certain avenues. -Murdoch Walker, Esq.; National Federal Defense Group.
I agree with the other attorneys. As a federal criminal appellate attorney and former Assistant Federal Defender Appellate Attorney, I cannot emphasize how important it is for you to seek legal counsel because the federal criminal appellate process is quite complex. This is a federal conviction you are talking about, and you need an experienced attorney to assist you. Without knowing enough about your underlying case to even address your jury issue, even if that issue lacks merit, an experienced federal appellate attorney may be able to review your case and find other issues related to evidence admitted, the trial, and/or your sentence that could be appealed. If you were convicted and imprisoned, you may be considered indigent and eligible for appointment an appellate attorney through the defender's office in your federal district, or private conflict counsel if the defender's office has a conflict.
This is general information, and nothing in this statement shall be construed as attorney-client privileged information or legal advice.
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