Appellate litigation at its core involves an attempt to overturn an unfavorable decision by a court or administrative agency by taking the case to a higher authority. Unlike a trial or evidentiary hearing, appeals are typically limited to the record of the proceedings below, and litigants may not call witnesses or introduce new evidence. The focus of a reviewing court is usually to determine whether there was legal error that materially affected the outcome of the proceeding. Success on appeal may resolve the matter in your favor, or more commonly, it will result in a remand to the initial forum for a “do-over,” less any impropriety that gave rise to the appeal.
In Massachusetts, many cases involving final decisions by administrative agencies, such as decisions by MassHealth denying skilled nursing benefits, must be appealed to the Superior Court. The Appeals Court, and the Supreme Judicial Court, the Commonwealth’s highest court, have jurisdiction over these matters as well, in addition to having jurisdiction over all other civil and criminal appeals.
Obtaining success on appeal is frequently a long and difficult ordeal that can try the patience of even the most steadfast litigants. In order to meet with success, it is crucial to have skilled counsel guiding and advocating for you. Attorney Campbell has extensive experience litigating all manner of civil and criminal appeals, as well as administrative law appeals from adverse decisions from state agencies.