Appellate
The Law Office of Jeffrey M. Zurbriggen handles many different types of appeals. An appeal means that a brief is filed with a higher court of law requesting that the higher court take a closer look at the case to determine if the lower court made any factual or legal errors which may necessitate that the case be reversed or remanded. To properly preserve your right to appeal, special action, or Rule 32 post conviction relief, you must file within certain time periods or you lose that right forever.
Appellate decisions are either published or unpublished. Published means that they are contained in a public forum for any person to read. Unpublished, or Memorandum Decisions, are privately distributed mostly to lawyers and judges, but not the general public.
My office has handled numerous appeals over the years. Some of my published opinions are:
1. KATHERINE S. v. FOREMAN, 197 Ariz. 371, 4 P.3d 426, 305 Ariz. Adv. Rep. 14 (App. 1999). I was the lawyer for Katherine. The Judge was ‘testing’ a recent law which purported to allow him to order Katherine to do certain services, and to refrain from doing certain actions. Katherine had at least one hearing without counsel, and was jailed. I filed a motion for relief due to several constitutional violations and a declaration that the statute itself was unconstitutional. Ultimately, I filed a special action and argued before the Court of Appeals and the Arizona Supreme Court. In the end, I won and the statute was declared unconstitutional.
2. MINH T. v. DEPT. OF ECONOMIC SECURITY, 202 Ariz. 76, 41 P.3d 614, 368 Ariz. Adv. Rep. 11 (App. 2002). I was the guardian ad litem (best interests lawyer) for children whose sister died while in the care of her parents. This case addressed the issue of participation in services provided by Child Protective Services by parents who stood accused, but not convicted, of homicide, and the effects that their decisions had on the eventual termination of their parental rights.
3. IN RE VICTORIA K., 198 Ariz. 527, 11 P.3d 1066, 334 Ariz. Adv. Rep. 35 (App. 2000). I represented Victoria on a murder case in which she allegedly obstructed justice as a key witness. The trial Court convicted her, and I argued that the Court inappropriately violated certain laws in finding her guilty. The Court of Appeals reversed, and vacated her guilty finding, dismissing the charge against her.
I have also handled many unpublished cases at the trial and appellate levels which have seriously impacted the lives of my clients or the way in which laws are used in cases:
1. I handled a defendant’s appeal on the infamous ‘Bounty Hunter’ case from the 1990s.
2. I have had several people released from prison due to the trial court’s failure to properly advise them of their rights, or to properly find them guilty.
3. I obtained a reversal on a family law case which established that child support is still owed after a severance/termination of rights, and does not stop until an adoption is granted.
4. I obtained a reversal on a criminal case in which my client was found guilty and had to pay restitution when in fact, though she admitted to graffiti, it did not cause additional economic damage to the graffiti which already existed on the wall.
5. I obtained a reversal on a case in which a client was late to trial and I was precluded from presenting defense evidence or from a continuance of the trial.
6. I have obtained several reversals on termination of parental rights cases in which the parents were not afforded their due process rights and were not properly advised of their right to a jury trial.
7. I have obtained several dismissals of charges based upon the incompetency of the defendant, and have also had prior convictions resulting from the actions of previous lawyers set aside for such incompetency.
I can help you in the same manner in which I have helped countless others. Please contact the Law Office of Jeff Zurbriggen today for a complimentary consultation.
