Receiving an IRS notice of claim disallowance can leave you feeling overwhelmed, but having a tax appeals attorney by your side can make all the difference. In this post, we’ll explore the process of appealing an IRS decision and explain why enlisting the expertise of a tax appeals attorney is crucial every step of the […]
Category Archives: Appeals
An insufficient evidence argument asserts that the evidence at trial was insufficient to convict the defendant of one or more charges because the prosecution did not prove, beyond a reasonable doubt, one or more elements of those charges.
In order to make a legal argument on appeal, the issue must be preserved. The principal behind issue preservation is that the trial court should have an opportunity to correct its own errors before the appeals court steps in. Therefore, where an issue has not been preserved – i.e. not first brought to the attention […]
Last week, the Wisconsin Court of Appeals overturned a circuit court order that would have allowed demolition of the historic Sisters of Holy Nativity Convent. On appeal, Attorney K.L. Penix argued the circuit court’s decision allowing for the demolition was erroneous because, in relevant part, the owner of the Convent attempted to comply with a raze or repair […]
When a felon is released from federal prison, it is often for supervised release. This means that he lives at home, but there is a probation officer who monitors him and makes sure he complies with the terms of his release. If he was convicted of robbing a jewelry store, perhaps a term is that […]
“Fate of Sisters of the Holy Nativity Convent in hands of appeals court A brief filed Friday with Wisconsin Court of Appeals by legal counsel for the owner of Sisters of the Holy Nativity Convent [Alderman Law Firm] asks that the property be saved from the city of Fond du Lac’s demolition order. . . “Our national historic […]
The United States Sentencing Guidelines use a point system to determine the sentencing range for federal convictions. These points can aggravate (increase) a sentence or mitigate (decrease) a sentence. Acceptance of responsibility, for instance, results in a several point reduction of the offense level, which means a lower sentencing range for the judge to consider. […]
The first step in a direct appeal is to ask the court of appeals to provide relief for specific legal errors made at the trial level. But sometimes, the trial court made only a series of smaller errors, rather than a severe error that would alone warrant reversal. In these cases, the cumulative error doctrine […]
After a Colorado criminal defendant has exhausted the direct appeal process, he may turn to filing a pro se motion for relief pursuant to Colo. Crim. P. 35(c). Often, this is where he alleges that his trial counsel was ineffective. Upon receipt of a 35(c) motion, the reviewing court must consider whether “the motion and […]
With few exceptions, a legal issue must be preserved in the trial court in order to raise it on appeal. This means that the issue must have been brought to the attention of the trial court and the court must’ve been given the chance to make the correct decision. The most common means of preservation […]