Criminal and Civil Appeals

Purpose of a Criminal Appeal:

A criminal appeal is a legal process where a defendant challenges the outcome of a criminal trial. The purpose is to review the trial court’s decision to determine if any legal mistakes were made that could have affected the verdict or sentencing. Common grounds for appeal include errors in the application of the law, improper admission or exclusion of evidence, juror misconduct, and ineffective assistance of counsel.

The Appellate Process:

In a criminal appeal, the appellate court does not conduct a new trial or hear new evidence. Instead, it reviews the trial record, including transcripts, exhibits, and legal arguments, to assess whether any legal errors occurred. If the appellate court finds that an error significantly impacted the trial's outcome, it may reverse the conviction, order a new trial, or modify the sentence.

Post-Conviction Relief:

Beyond direct appeals, defendants may seek post-conviction relief through other legal avenues, such as habeas corpus petitions. These petitions argue that the defendant’s constitutional rights were violated during the trial or sentencing. Post-conviction relief is often the last resort for those seeking to overturn a wrongful conviction.

Purpose of a Civil Appeal:

In civil cases, an appeal is filed to challenge the judgment or decisions made by a trial court. Parties may appeal issues such as the application of the law, procedural errors, or the sufficiency of evidence supporting the trial court’s findings. Civil appeals can arise from a wide range of disputes, including contract issues, personal injury cases, property disputes, and family law matters.

The Appellate Process:

Similar to criminal appeals, civil appeals involve a higher court reviewing the trial court’s record to determine if any legal errors occurred. The appellate court evaluates whether the law was correctly applied and whether the trial court’s decision was supported by the evidence. The appellate court may affirm, reverse, or modify the trial court’s judgment, or it may remand the case back to the trial court for further proceedings.

Standards of Review:

In civil appeals, the standard of review varies depending on the issue being appealed. For example, factual findings by the trial court are typically reviewed under a "clearly erroneous" standard, meaning the appellate court will defer to the trial court’s findings unless a clear mistake is evident. Legal questions, however, are reviewed de novo, meaning the appellate court examines them without deferring to the trial court's conclusions.