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It is my honor to serve the citizens of El Paso as judge of the El Paso Municipal Court of Appeals. I hope that the information under subject heading, "Appellate Procedures: Frequently Asked Questions," will assist you in deciding if you want to appeal your case, and if so, what steps you need to take to perfect that appeal.

First, it is important to understand that the appeal of your case does not involve a retrial of the issues that have already been decided by the Trial Court. That is, the Appellate Court does not rehear the evidence in the case, but only concerns itself with issues of law and legal questions involved in the trial of the case. Therefore, the appeal is a limited one, addressing only questions of law, and does not afford you an opportunity to retry your case before a different judge.

Of course, if you believe the Trial Court has made an error of law in respect to his findings in your case, you are entitled to appeal your case. It is essential that you meet the guidelines for your appeal, or it may be dismissed on procedural grounds. In an effort to assist you in perfecting your appeal, the information in the "Appellate Procedures: Frequently Asked Questions" should be helpful. The purpose then is to help you secure the rights which are afforded to you by law, and it is to that end that this information is provided.

If you would like to identify decisions on appellate cases related to the issue you are raising in your appeal, you may find helpful the Subject Index: Court of Appeals Cases.

ODELL HOLMES, JR.
Judge
Municipal Court of Appeals of
The City of El Paso, Texas

 


 


 
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