What is the remedy on appeal?

Raising issues on appeal can be a tricky judgment call. You know something unjust happened, but on appeal you must frame it properly as a cognizable issue on appeal. You must also understand what the remedy is.

For example, in family law cases, oftentimes the appellate court will find error but remand back to the family law judge to clean up the case under the appropriate rule. So the same judge that presided over your case before appeal will continue to preside over your case after appeal. The appellate court doesn’t interfere with issues of judicial discretion. It only corrects legal error.

Many errors in criminal cases are cognizable on appeal, but the appellate court will conclude that the error ultimately did not prejudice the case. Or if it did, you only get a new trial. You don’t get the case tossed out.

If you want your case to be disposed of on appeal, then you have to raise an issue where the remedy is dismissal. Those issues are few and far between.

So keep your expectations in line with your issues. Understand what that legal error is oftentimes not even reversible error: it must also be prejudicial. And even if the court recognizes prejudice, the case is still alive and well. You might still have a lot of litigating to do.

(Have you considered settling?)