Appeals & Post Judgment Litigation
Long Island and New York City Appeals Lawyer
At both the state and federal level, there are numerous post-judgment remedies available to right potential wrongs in the judicial process, and each has its own set of complex procedural rules, strict deadlines, and varying standards of review that must be well understood and effectively navigated in order to obtain full review and a successful outcome. Appellate and post-judgment litigation not only follows different procedural rules, but also requires a very different skill-set than trial work, emphasizing legal research, detailed analysis, and sharp writing, rather than the fact-based evidence review, witness examination, and courtroom jury-argument essential to trial work. Moreover, unlike a trial court that must follow existing precedent, an appellate court has the power to interpret and change the law, thus requiring an effective advocate to understand the history and background of constitutional and statutory provisions, legislative history, principles of construction and interpretation, and underlying policies. Thus, a good trial lawyer is simply not a substitute for an experienced appellate attorney. This is highly specialized work, which requires a specialized lawyer.
Barket Epstein’s Appellate and Post-Judgment Litigation Group is led by Donna Aldea, a renowned appellate attorney with 20 years’ experience in handling criminal and civil appeals and post-judgment motions at both the state and federal level. With over 200 published decisions that have shaped and often changed the landscape of state and federal law, many of which have made front-page news in the New York Law Journal, New York Times, and local press, our expertise will provide a litigation strategy designed to maximize available post-judgment remedies, and will ensure a clear and persuasive presentation of your strongest case to an appellate tribunal, helping you achieve the best possible results.
AREAS OF APPELLATE EXPERTISE
– New York State: direct appeals to the Appellate Term, Appellate Division, and New York Court of Appeals to challenge a criminal conviction based on errors appearing on the trial record; defending against People’s appeals; motions for leave to appeal from denial of prior appeals and post-judgment motions.
– Federal: direct appeals to the United States Circuit Courts, and United States Supreme Court; defending against Government’s appeals; motions for permissive appeals from denials of petitions for habeas corpus or 2255 motions; petitions for Writ of Certiorari.
Criminal Post-Judgment and Interlocutory Motions
– Motion for change of venue
– Post-verdict/pre-sentence motion to set aside the verdict pursuant to CPL §330.30 on grounds of legal error, improper conduct by a juror, or newly discovered evidence.
– Motion to vacate judgment or vacate sentence pursuant to CPL §440.10 and 440.20 on grounds of actual innocence, ineffective assistance of counsel, invalid pleas or failure to advise of deportation and other consequences, off-the-record constitutional errors, prosecutorial misconduct, failure to disclose required discovery or exculpatory evidence (Rosario/Brady violations), and sentencing errors.
– Motion for post-conviction DNA testing pursuant to CPL §440.30.
– Applications for Stay of Execution of Judgment Pending Appeal, which helps ensure that many of our clients remain at liberty even after their sentence is imposed, while their appeals are pending.
– Petitions for Writ of Habeas Corpus pursuant to 28 U.S.C. §2254 and §2241 for persons in state or federal custody held in violation of the United States Constitution or laws or treaties of the United States; motions to vacate, set aside, or correct sentence pursuant to 28 U.S.C. §2255 by persons in federal custody.
– State: direct appeals from final judgments and interlocutory appeals in state Appellate Divisions and Court of Appeals as both Appellant and Respondent.
– Federal: direct appeals from final judgments and interlocutory appeals in United States Circuit Courts, and United States Supreme Court as both Appellant and Respondent.
– Motions for permissive appeals and petitions for writ of certiorari
– State and Federal Administrative Appeals from agency decisions
– Article 78 petitions
Long Island and New York City Appeals Lawyers
If you or a loved one is in need of Appellate or Post-Judgment litigation, please contact the experienced and accomplished attorneys at Barket Epstein today.