Court of Appeals

The court of appeals, also called the appellate court, is a federal or state court responsible for hearing a defendant’s appeal regarding the decision of a lower court. The court of appeals hears cases where a defendant contests some element of the original case, from the investigation to the sentencing.

With the authority to review questions of law, the court of appeals has the authority to uphold or repeal a decision made in the lower courts.

As a general rule, the court of appeals will uphold the decisions made in a lower court unless there is substantial cause to repeal that decision. The defendant will present an argument to the court of appeals positing that some mistake was made in the original trial.

Court of Appeals Case

It is not uncommon for a trial judge to make a mistake in the trial that may affect the outcome of a case. In a court of appeals case, the defendant argues that this error has adversely and unfairly affected the result of the original trial.

The court of appeals will hear a defendant’s evidence of this malfeasance in an appeals case. Based on the record of the original trial, the court of appeals will then uphold the decision of a lower court or repeal the decision. When the court of appeals repeals a decision, they can order a new trial or may simply overturn the original decision.

The court of appeals only decides questions of law; it will not hear testimony or retry a case. The court of appeals bases their decision on the record of the original trial alone.

There are a number of issues that can be brought before a court of appeals. Through an appeals case, the defendant can contend that a legal mistake was made regarding:

• Admissibility of Evidence
• Application of a Law or Regulation
• Delivery or Execution of jury instructions
• Sufficiency of Evidence
• More

The court of appeals may be asked to review the legality of a defendant’s sentence. This is particularly relevant in cases where the defendant received a harsh jail or prison sentence.

Filing an Appeal

To file an appeal with the court of appeals, a defendant must submit a written notice of appeal in the original court and request that a transcript of the proceedings be sent to the court of appeals.

The defendant’s attorney will submit a brief to the court of appeals, which details the appellant’s legal issues and the support and evidence to support their proposition.

The case is then typically assigned to a random panel of court of appeals judges. These judges will review the briefs, memorandums, and possibly oral arguments relevant to the case before making an official judgment.

When a defendant is still dissatisfied with the outcome of their original case and the court of appeals case, they can appeal to the state Supreme Court or the US Supreme Court.

Contact an Appeals Attorney

If you are interested in learning more about the court of appeals, please contact us to speak with a qualified and experienced attorney who can evaluate your case to determine how to best protect and maximize your legal rights in a court of appeals case.