When you feel that an error on the part of a lower court’s decision is the reason for your conviction and sentence, you may file an appeal for review in a higher court of law. However, the filing and the ensuing procedure involves numerous details, and it is best that you hire an attorney specializing in this field to handle the case.
How exactly does the appeal process work? This is up to the appellate court. If you took your case to a federal appellate court, the Federal Rules of Appellate Procedure would apply. However, if you filed your case in your state court, your state’s rules would apply. You need a competent attorney in the particular domain only.
The usual steps in the appeal process are as follows:
1. Filing of a written appeal, by the appellant, within the established term
2. Submission of the file of the court of first instance and the transcript of the trial
3. Preparation and presentation of briefs
Both the appellant and the prosecution must submit briefs containing the issues involved along with their supporting arguments and references to legal authorities. In most cases, these briefs form the basis of the appellate court’s decision. However, in certain exceptional cases, the court may order the presentation of oral arguments.
What are Review Standards? In certain circumstances, the appellate court can reverse the decision of the trial court or at least minimize the penalties. These are known as Review Standards. However, you need a competent appellate attorney for this. Some of the accepted standards are as follows:
Sufficient legal evidence issue: This takes into account whether the evidence was clear and convincing enough to support the verdict.
The question de novo, independent or plenary – the construction, interpretation and application of the particular law involved is the point of consideration.
Judicial discretion issue: This takes into account whether the trial judge exercised his or her discretion appropriately.
The harmless error question: considers whether the error in question was harmless and therefore did not harm the appellant.
Issue of clear errors: here the point of consideration is the review of the findings of fact of the proceedings of the court of first instance.
The simple error question: This is to allow the appellate court to review errors not preserved in the trial court records.
Understanding the state rules is important if you are going to apply to a state appellate court. Contact an attorney immediately, as the period within which you can file the notice of appeal is limited.