It’s important to note that factual disputes, such as determining who is credible or the true meaning of a witness’s statement, are rarely grounds for overturning a decision. Additionally, many arguments must have been preserved during the trial through timely and specific objections. Issues not preserved face a difficult plain-error standard.

Appellate courts also use standards of review that can be deferential (e.g., abuse of discretion), making some issues challenging to win even if the trial judge made a mistake. Experienced appellate lawyers will carefully assess potential issues, prioritize those most likely to lead to meaningful relief (such as a new trial, resentencing, or vacatur), and avoid including weaker arguments that could dilute the strongest points in the brief.