How to Challenge a Court Decision?

Because One Decision Doesn’t Have to Be Final

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If you believe a judge made an error in your case whether in criminal law, family law, or another legal matter you may have the right to appeal. However, appeals are time-sensitive and highly technical, requiring a skilled appellate attorney to present compelling legal arguments.

What is an Appeal?

An appeal is a legal process that allows a party to challenge a court’s decision in a higher court if they believe the ruling was incorrect due to legal errors. Unlike a trial, an appeal is not a retrial of the case but a review of the trial court’s decision to determine if a legal mistake affected the outcome.

Comprehensive Appeals Services I Offer

I don’t need to be your trial attorney to handle your appeal. Appellate work is based solely on the trial court’s official record. In Nebraska, this includes the Bill of Exceptions (typed testimony, arguments, and exhibits) and the Transcript (certified pleadings). In the 8th Circuit Court of Appeals, it includes court filings, transcripts, and exhibits. No new evidence can be introduced on appeal.

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Not every unfavorable court ruling qualifies for an appeal. The key factor in an appeal is whether the trial court made a legal error that affected the case's outcome. Some common grounds for appeal include:

Criminal Appeals

  • Unlawful Convictions – If legal errors or constitutional violations occurred during the trial

  • Sentencing Errors – If a sentence was excessive or not in line with the law

  • Errors in Motions to Suppress – If evidence was wrongly admitted or excluded

How I Won a Criminal Appeal

State v. Lawless, 2014 Neb. App. LEXIS 56, A-13-564 (2014).

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United States v. Jimenez

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Family Law Appeals

  • Custody Determinations – If the trial court improperly evaluated factors affecting child custody

  • Modifications & Parenting Time – If a modification ruling did not follow legal guidelines

How I Won a Family Appeal

Establishing Material Change in Custody: Successful Appeal in Berndt v. Berndt

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Courts Where I Handle Appeals

As an experienced appellate attorney, I represent clients in the following:

  • The United States 8th Circuit Court of Appeals

  • The Nebraska Supreme Court

  • The Nebraska Court of Appeals

Each of these courts has specific rules and procedures for filing an appeal. I help clients navigate the complex appeals process, ensuring every step is handled with precision.

How Long Does an Appeal Take?

The appeals process is not quick. Depending on the complexity of the case, the court, and the legal issues involved, an appeal can take anywhere from six months to over a year. I ensure my clients are informed every step of the way and keep the process moving as efficiently as possible.

The Appellate Process: How an Appeal Works

The appellate process is highly structured and requires strict adherence to court deadlines. Here’s a general timeline of how an appeal works:

1

Evaluating the Trial Court’s Ruling

The first step in an appeal is determining whether there are valid legal grounds to challenge the trial court’s decision. I work closely with clients to review the ruling, analyze trial records, and identify errors.

2

Filing a Notice of Appeal

An appeal must be initiated by filing a Notice of Appeal within a strict deadline. Missing this deadline could forfeit your right to appeal.

3

Preparing the Appellate Brief

One of the most critical parts of an appeal is the appellate brief—a written legal argument explaining why the lower court’s decision should be reversed. This document is highly technical and requires an in-depth understanding of case law, statutes, and legal precedent.

4

Oral Arguments (if required)

In some cases, appellate courts may require oral arguments where attorneys present their cases before a panel of judges. This is an opportunity to clarify key legal points and answer judges' questions.

5

The Court’s Decision

The appellate court will issue a decision, which may:

  • Affirm the lower court’s ruling (meaning the decision stands).

  • Reverse the decision (overturning the ruling in your favor).

  • Remand the case (sending it back to the trial court for further proceedings).

Why Choose Me as Your Appellate Attorney?

In-depth knowledge of Case Law

Appeals require a deep understanding of past legal rulings and how they apply to your case. I meticulously research and build compelling legal arguments.

Proven Experience in Higher Courts

I have successfully handled appeals in the 8th Circuit, the Nebraska Supreme Court, and the Nebraska Court of Appeals.

Strategic & Thorough Approach

I analyze every aspect of your case to identify the strongest legal grounds for appeal.

Strong Legal Writing & Advocacy

Appellate cases are won or lost in written arguments. I craft persuasive appellate briefs that present the strongest case for reversal.

Committed to Protecting Your Rights

Whether you are fighting a wrongful conviction, an unfair custody ruling, or improper sentencing, I am dedicated to securing justice for my clients.

Need to File an Appeal? Get the Legal Support You Need. Contact Me Today

If you believe the trial court made an error in your case, don’t wait. The appeals process is time-sensitive, and missing deadlines can mean losing your right to appeal.

Contact me today

Establishing Material Change in Custody: Successful Appeal in Berndt v. Berndt

In Berndt, I was the appellate attorney for the mother who alleged a material change in circumstances occurred because she now has a residence in Gordon, Nebraska, the ability to have regular and continuous contact with the minor children, the current schedule causes confusion and disagreements between the parties, and the children expressed a desire to spend more time with her, and the minor children’s school(s) had closed so that they were attending schools in close proximity to her.  In fact, the minor children’s schools changed so that the Mother’s residence was within blocks of the son’s school and her daughter’s  school bus pick up / drop off location, and the father’ residence was now 36 miles from the minor children’s schools, each way. The minor children’s activities were in Gordon, Nebraska as well.  The Court agreed that the change in the minor children’s schools, the location of the mother’s Gordon, Nebraska home, the father’s home in relation to the children’s schools, the Mother’s availability for parenting time during the week now, with the daughter’s desire to spend more time with her mother, warranted a material change in circumstances and that the trial court erred by not making that finding.   The trial court did not do a best interests analysis since it only issued its ruling that the material change in circumstances had not occurred.    Therefore, the appellate court then decided in its de novo review, that the minor children’s best interests warranted a week on week off parenting schedule.
See Berndt v. Berndt, 25 Neb. App. 272, 904 N.W.2d 24 (2017).

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State vs. Lawless, 2014 Neb. App. LEXIS 56, A-13-564 (2014).

Mr. Lawless was charged with felony shoplifting based on the value of merchandise taken from a department store. The case went to trial, wherein, the state attempted to prove its case through a loss prevention officer testifying as to price tags on items. I appealed this case due to the trial court allowing the loss prevention officer to testify as to the values of the property by stating what the “price tags” stated.  This case reinforces that for shoplifting cases, the state must show whether the items had recently sold for the amounts listed on the price tags. Therefore, instead of being found guilty of a felony, my client could only be found guilty of a Class II misdemeanor. This appellate ruling prevented a felony conviction.
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United States v. Jimenez

In United States v. Jimenez, the court addressed whether a warrantless search violated the Fourth Amendment. Jimenez challenged the admissibility of evidence obtained during an entry conducted without a warrant, arguing lack of voluntary consent and absence of exigent circumstances. The court emphasized that warrantless searches are presumptively unlawful and that the government bears the burden of proving a valid exception. Based on the facts, the court determined that the search was unconstitutional and suppressed the evidence, reaffirming the high standard required for exceptions to the warrant requirement.
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In 2023, I successfully argued an appeal in the 8th Circuit Court of Appeals that my client’s detention and search were not supported by the Constitution. I was the trial attorney in the Unted States District Court for the District of Nebraska- Omaha and the appellate attorney for the 8th Circuit Court of Appeals. Having taken bus rides in my past, I utilized this experience to form my questions and to prepare for the Motion to Suppress. This enabled me to effectively represent the defendant to preserve very important key facts such as that passengers have to exit the bus for driver changes, but may leave luggage on the bus, passengers may travel with blankets for comfort, and effectively using the available camera footage to confirm other passengers were wearing jackets, parkas, and stocking caps. This case was very important to show a distinction from the facts in United States v. Moreno, 988 F. 3d 1027 (8th Cir. 2021), in which the detention and search were affirmed by the 8th Circuit Court of Appeals. Therefore, the appellate court ruled that my client’s constitutional right under the Fourth Amendment were violated, and therefore, vacated his conviction, since the defendant’s blanket was removed by law enforcement before doing a pat search.

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