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Appeals
A defendant who is found guilty of some or all charges is entitled to an appeal to at least one level of appellate court. Most states have a multi-level appellate system, with a middle level appeals court hearing appeals directly from the trial courts. The highest level appellate court (often, but not always, called the "Supreme Court") hears appeals from the middle level appeals court. Often appeals from the middle level appeals courts to the highest level court are optional, and the defendant is required to petition for the right to appeal.
There are many potential grounds for appeal from a verdict of guilty in a criminal case including legal error committed at any stage of the criminal justice process. Legal error may include:
- Allowing inadmissible evidence including evidence obtained in violation of the defendant’s constitutional rights
- Lack of sufficient evidence to support a verdict of guilty
or
- Mistakes in the judge’s charge to the jury
A verdict may also be appealed due to misconduct on behalf of the jurors.
To appeal the findings of the judge or jury, the defendant must generally file a written notice of appeal within thirty days of the decision; however, this deadline may vary from state to state.
The written notice of appeal should be filed with the clerk of the appellate court in the jurisdiction where the conviction was entered. The defendant or his or her attorney should then review the record of proceedings, which includes a transcript of the hearing and all evidence entered at the trial.
The defendant then has the opportunity to submit a written brief arguing the issues upon which he or she believes the trial court committed reversible error. The prosecution also has the opportunity to respond in a written brief. Deadlines for the submission of the parties' written briefs vary according to state law.
The parties may be permitted to orally argue the appeal to the appellate court. The appellate court may affirm the conviction, reverse the conviction or remand the case back to the trial court for a new trial.
For more information on appeals, contact a qualified attorney.
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