Presenting an appeal is different from presenting a trial because an appellate record is a “closed record.” This means the appellate record is similar to a photograph. The trial is real-time and moving. The appellate record is a snapshot of a moment of that flowing concept of real-time. At trial, a party can present live evidence, explain their intent, and answer follow-up questions. On appeal, just like a photograph, time stops and time does not change an answer given. No new evidence is offered. Nobody gets to explain their answer after the trial ends. One must look to the photograph taken, (the appellate record), to determine the contents of the photograph or “record.” While one may wish to add or subtract from the photograph; the photograph (record) is already taken, developed, printed, and remains as taken. Appellate records usually include trial transcripts, pleadings and arguments of counsel. One must show, just reviewing what is in the appellate record, that the trial court committed reversible error.

To show “reversible error,” one must show a mistake was made at trial, and that mistake adversely impacted on the outcome of the case. Error, without impact, is called “harmless error” and will not get a decision overturned. The Appellant, (the person appealing), must show both error and adverse impact for appellate relief. This task is very different from the tactics used by lawyers at trial. One needs an experienced appellate attorney for this function. Greg Smith has presented hundreds of appeals over thirty years. If you wish to discuss your appeal, and you have a Tennessee, federal or military appeals case, you may call The Law Office of Gregory D. Smith at 931/647-1299. Initial consultations are free.

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