How Trial Lawyers Accidentally Kill Their Own Appeals | Rachel Yates (Appellate Lawyer)

Virginia's appellate landscape changed a lot in 2022, to where, similar to many other states, virtually everyone has an automatic right to go to the Court of Appeals.

Yes, it can feel complicated and overwhelming. But the appellate process is a vital part of the legal system that deserves attention from trial lawyers. If you have a client who desperately wants to appeal, or the other side is not happy and wants to appeal, you need to be prepared for this process.

Today's conversation guides you through the steps of trial to appeal, with an expert on appellate law. Rachel Yates is the founder and lead appellate counsel at Yates Appellate Law, a Richmond firm who specialize in criminal appeals and civil appeals. 

"Appeals, it's that slow quiet work and research about something that maybe no one else has ever really thought to look at. Your job is to find that out, and then help make the law. And I think that is the coolest thing."

In this episode, we discuss:

◼️ Recognizing that the transition from trial to appeal is complex and requires careful navigation.
◼️ Why transcripts are crucial for preserving the record in appeals.
◼️ Why the brief is the most important part of the appeal process.
◼️ What proffers are, how they work, and why proffers are vital for ensuring that important evidence is considered on appeal.
◼️ Understanding the timeline for appeals is critical, avoid missing deadlines.

Chapters

00:00 Why Your Issue May Not Get Considered
05:42 The Appeal Process Explained
08:26 Changes in the Appellate Landscape
14:05 Navigating the Transition Phase
29:20 Preserving Issues for Appeal
35:41 Making Your Proffer on the Record
35:53 Handling Excluded Evidence
36:47 Describing Digital Evidence in Court
40:38 Why Is Video Recording Not Used? 
45:36 The Appellate Process: Briefs and Oral Arguments
55:57 Filing for Rehearing and Supreme Court Appeals
59:00 Memorable Appeals and Lessons Learned

Courtroom Stories & Tactics | RVA Trial Lawyers
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Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

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Sharif Gray and Nael Abouzaki