What issues can be raised on appeal?

In Nebraska, one of the main issues that can be raised on appeal is a lack of evidence in the trial court. This occurs when the evidence originally presented in the trial court is insufficient to support the verdict or judgment. The appellant might argue that the judge should have excluded certain pieces of evidence or even considered other evidence in the case. Another common issue is an error of law. This occurs when the trial court applied an incorrect rule of law or misunderstood the law as applied to the case. The appellant can make an argument that the court misapplied the law and that the outcome of the case would have been different if the correct rules had been followed. Other possible issues raised on appeal can include possible errors made by the jury. This might include an improper verdict, jury deliberation that was unreasonable, or jury instructions that were incorrect. Additionally, the appellant may argue that their right to a fair trial was violated in some way. This could include the denial of the ability to cross-examine a witness, improper suggestions made by the judge, or improper jury communication. Finally, appeals may also be brought on issues such as biased or impartial judges or insufficient time to prepare for trial. In each of these cases, the appellant will have to present evidence to prove that the issue was present and that it was of such significance that it affected the outcome of the case. If the appeal is successful, the case may be remanded for a retrial or the verdict may be overturned.

Related FAQs

What happens after a decision is rendered by an appellate court?
What is the process for filing a petition for rehearing?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
What is an appellate court’s ruling on a motion to dismiss?
What is the standard of review on a motion to suppress evidence?
What is the standard of review on a motion for summary judgment?
What procedures are available to challenge a conviction on appeal?
What is the process for obtaining a stay of execution pending an appeal?
Are appellate court decisions binding on lower courts?
How do I request a change of venue in an appeal?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023