Every person who has received the judgment of a civil or criminal court has a right to appeal his or her case to an appellate court.
At Breeding Carter, our lawyers are licensed to practice in all appellate courts in Tennessee, including the Tennessee Supreme Court, and federal appellate courts around the country. Our attorneys have successfully briefed and argued appeals in the United States Supreme Court, U.S. Court of Appeals for the 4th, 6th and 11th Circuits, and the Tennessee Court of Criminal Appeals. successes include reversals by both the United States Supreme Court and the U.S. Court of Appeals for the 6th Circuit.
In addition to representing our own cases on appeal, our lawyers handle appeals for other law firms in the areas of criminal defense, civil litigation and family law. Our lawyers are known for their understanding of the rules and requirements of both state and federal appellate courts.
We Know Appellate Law
Appeals are a specific area of law that require a lawyer who understands what the appellate court expects in written briefs and oral arguments. Your attorney cannot present evidence and witnesses, but must base arguments on the evidence and transcript of your original trial. An appellate attorney takes your trial record and attempts to show the appellate court that the trial court made a mistake. Deadlines are crucial. If you do not contact an appellate lawyer soon enough, you will miss your opportunity to have a higher court review your case.
While anyone can automatically appeal a trial court judgment to an appellate court, the United States and Tennessee Supreme Courts only accept cases they choose to review. Our firm has specific experience filing Writs of Certiorari requesting further review. Only a limited number of attorneys nationwide have experience filing and arguing cases before the United States and Tennessee Supreme Courts. Shelley Breeding and Stephanie Prager have both successfully requested Writ of Certiorari with the Supreme Court.
Post-Conviction Matters In Criminal Cases
In addition to appeals, our attorneys handle post-conviction matters for criminal defendants, including modification or correction of sentences and habeas corpus motions. We have handled cases involving DNA testing, ineffective assistance of counsel and immigration consequences. Our attorneys are familiar with petitions filed under 18 U.S.C. 2255 and petitions for writ of error coram nobis. We also handle clemency petitions and requests for pardon.