What information should be in an appellate brief

| Mar 19, 2018 | Appeals |

You are unhappy with the verdict of your Oregon criminal trial, which came about because the judge allowed the prosecution to present evidence that should have been suppressed, because your attorney was not allowed to provide important evidence to the jury, or due to some other reason. The legal team at the law office of David J. Celuch has helped many people to create and file an appellate brief to take the case before the Oregon Court of Appeals.

According to the League of Oregon Cities, the brief’s primary purpose is to communicate and persuade. Your document must include information that the lower court made mistakes that compromised your rights. Although you may think legal documents are typically filled with long words and phrases, the goal in a brief, as the name implies, is to be as concise and clear as possible. Tell your story through statement of fact, and through arguments, with logical progression and supporting evidence. 

Credibility is another factor in making your brief convincing. Elements that add to your credibility include the following:

  • Honesty
  • Candidness
  • Factual statements
  • Accurate citations

It is likely to damage your credibility to attack your opponent or the judge or jury that made the decision you are appealing.

An appellate brief has a specific form, which you must follow carefully. Before you can present the issues and your statement of the case, you must include, in this order, a corporate disclosure statement, table of contents and jurisdictional statement. You must also state either that you are on bail, or you are in custody. If you are in custody, you must provide your projected release date. 

Your statement of the facts is the portion of the brief where you tell your side of the story, and then you provide your summary of the argument, which should be a concise statement, and then the argument itself. In your conclusion, you will state what relief you are seeking, and finally, you should include a statement of any case that is related to yours which is pending in the appellate court. 

More information about appealing a criminal conviction is available on our webpage.