Van Camp & Deissner Law Offices, 1707 W. Broadway Ave.,  Spokane, WA 99201

APPEALS How Appeals Work Most people don't have experience with appellate practice and assume that an appeal is just "another bite at the apple," a chance to have the case heard by a new judge. Actually that isn't how it works.  Appeal courts engage in a very limited review process that looks only at a few things: First, the Appeal is determined only on the evidence that was introduced in trial, and then only by reading the transcript of the testimony -- no new evidence, no live witnesses. That means the appeal court won't be able to look at witnesses and evaluate credibility. As a result, all appeals courts have a rule that basically says, whatever the trial decides are the true facts, the appeal court won't reverse that decision unless "reasonable minds cannot disagree" the trial court is wrong.  Translation: the trial judge or jury's fact decision will almost always stand on appeal. The appeal court will look hard at errors in law or procedure.  This where a party can occasionally succeed on appeal. If you win on appeal, odds are you get a new trial -- which means doing it all over again. Appellate Referrals Appellate practice is pretty much a specialty area, and Dustin Deissner is available to accept referrals from other lawyers, or just to give advice on appellate procedure. Here are the decisions in a few of the cases handled by Van Camp & Deissner over the years: In Re Lile, 100 Wn.2d 224, 668 P.2d 581 (1983).   Presumption of innocence and self defense instructions are required. In Re Discipline of McLendon, 120 Wn.2d 761, P.2d 1006 (1993).   Bipolar disorder may partially excuse culpability for misuse of client funds. Silliman v. Argus 105 Wn. App. 232, __ P.3d __ (2001). The employee of an independent contractor security firm is not a "coworker" for purposes of Industrial Insurance immunity. In Re Kimpel, __ Wn. App. __, __ P.3d __ (2004).   It is not mandatory to list the parent who has most residential time as the "custodial parent" in a parenting plan. Here is a copy of the appellant's brief in the Kimpel case for a sample of our briefing approach. Dusty would be happy to talk to you and can offer very reasonable rates for handling appellate referrals.

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