Las Vegas Family Law
Appeal Court Attorney Representation
Bringing 32 Years of Trial Experience & 6 Years of Judicial Experience to Every Divorce and Family Law Case.
The succesful handling of appeal cases requires not only experience but comprehensive knowledge of governing laws, legal precedents, civil procedure and the judicial process.
With 32 years of experience as a trial attorney and 6 years as a Las Vegas Family Court Judge, Robert Lueck possesses the experience and trial skills to
challenge rulings, final judgements, decrees and orders.
Robert Lueck has argued and submitted over 30 appeal cases before the Nevada Supreme Court and two cases before the U.S. Supreme Court.
The Granting of Appeals
Before a case can be heard on appeal an attorney must argue for an appeal to be heard based upon a valid and substantial reason or reasons. The basis for granting appeals
can vary but all our relatively complex and require the services of a highly skilled attorney with comprehensive knowledge of the law for your appeal to be granted and to then be argued
effectively and to ultimately be successful. Appeals can be made for new trials or to have post-trial motions altered or amended.
Appeals for Statutory Deficiencies-
The reasons for granting an appeal can include statutory errors with your previous case
that resulted in an incorrect ruling. For these appeal cases to be heard your attorney must show that one or more of the following errors occured:
1- The previous court failed to apply or follow the correct law.
2- The law that was applied was outdated and has been superceded by a different law and that law's application would have resulted in a different outcome.
3- The applied statute is unconstitutional or the manner in which it was applied to your case was unconstitutional.
4- A clarification of the applied law is required for it's application to your case be valid and upheld.
The last reason listed here for the granting of an appeal requires expert attorney skills to establish legal principals where none existed before. Case law and legal precedents must be cited
and policy arguments for the clarity and consistency of legal principals must be made for an appeal to be granted.
Appeals for Due Process or Discovery Rule Violations or Deficiencies-
The reasons for granting an appeal can also include procedural violations that may have unfairly hindered your ability to argue your case effectively or
present relevant testimony or evidence. For these appeal cases to be heard your attorney must prove that a violation of procedural rules occured, such as an insufficient notice was given for the production
of documents or testimony, resulting in the exclusion of material facts or issues being properly considered that could have effected the final outcome of your previous case.
Appeals for Judicial Errors Violations or Deficiencies-
An examination of the record from your previous case may uncover that the presiding judge abused his or her discretion or failed to act in a fair and impartial manner. If an abuse of descretion may have occured
the burden of proof is on your attorney to prove that any alleged abuse exceeded the range of discretion a judge may exercise while hearing a case. That range presents a very high standard for an attorney to meet
for an appeal to be granted and must contain evidence and substantive arguments for how any alleged abuse effected the outcome of your case.
How Does The Appeal Process Begin?
The first step is with a thorough examination of the record from your previous case. Robert Lueck reviews your case for substantive reasons for an appeal case to be heard and then advises
on the likelihood of an appeal being granted. While an appeal may be granted and a new trial ordered there is no guarantee that a different outcome may occur. Material facts and circumstances may have changed
from the time your prior case was heard and the same or similar outcome may occur during any subsequent trial or hearing.
Contact Our Office For More Information On Appeal Cases