Table of Contents
- What Makes an Appealable Error?
- The State Appellate System
- The Federal Appellate System
- The “Habeas Corpus”
- Conclusion
- Frequently Asked Questions
An appeal is a legal path you can take to request a higher court (appellate court) to review the decision of the lower court (trial court). It is a meticulous review of the trial transcripts in which appellate attorneys look for procedural errors, constitutional violations, or rulings by the judge that made the original trial unfair. Your strategy for an appeal depends on which court system you are in—state or federal.
While state and federal courts have different rules and different judges, they aren’t completely isolated from one another. In specific situations, a mistake made in a state court can be challenged in federal court.
An appeal is just a review of the trial court’s record, not a retrial. You cannot produce new evidence or testimony. |
Your appeal may result in one of the outcomes shown in the table below:
| Outcome | What Does it Mean |
|---|---|
| Affirmed | The appellate court says the trial court was right. |
| Reversed | The appellate court says the trial court was wrong. |
| Vacated | The appellate court voids or cancels the lower court’s judgment. |
| Remanded | The appellate court sends the case back to the trial court with new instructions. |
What Makes an Appealable Error?
The “Final Judgment” Rule
Under this rule, you generally cannot appeal a judge’s decision while the trial is still in progress. You must wait until a verdict is rendered and a formal sentence is handed down by the court. Your civil or criminal defense appeal attorney must file a “Notice of Appeal” within a specific deadline (depending on the court system and type of case).
Harmless vs. Prejudicial Error
Harmless Error
Harmless errors are too minor to affect the final verdict. For example, the judge admitted a small piece of evidence that shouldn’t have been admitted, but the trial court already had sufficient evidence to prove the defendant’s guilt. The appellate court refuses to overturn the conviction because it believes the outcome would have been the same regardless.
Prejudicial Error
A prejudicial error is a substantial mistake that likely affected the outcome of the trial or violated the defendant’s legal or constitutional rights. For example, the judge improperly excluded evidence that could have proven the defendant’s innocence, or the jury received incorrect legal instructions. Your appellate court attorney must prove that the jury’s verdict would have been different if the error had not occurred.
Common “Winning” Grounds
The following are common grounds for filing an appeal:
- Misapplication of the law
- Incorrect jury instructions
- Evidentiary errors
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Constitutional violations
- Sentencing errors
The State Appellate System
Three-Tier Structure
The process begins at the Trial Court, where a judge or jury hears evidence and witness testimony and reaches a verdict. You can appeal the trial court’s decision in the Intermediate Appellate Court. You can appeal the decision of the Intermediate Appellate Court to the State Supreme Court.
Mandatory vs. Discretionary Review
Mandatory Review
Mandatory review gives you an absolute right to your first appeal after the trial court verdict. The intermediate appellate court is legally required to review your attorney’s briefs, examine the trial record, and issue a ruling.
Discretionary Review
State supreme courts operate on a discretionary basis, which means the court decides whether to hear your appeal or not. They hear specific appeals involving:
- Constitutional questions
- Conflicts between lower courts
- Issues of first impression (a new legal question)
- Matters of significant public interest
- Capital cases
The Finality of State Law
Under the Finality of State Law doctrine, the state supreme court is the ultimate authority on the interpretation of that state’s statutes and constitution. A federal judge cannot overrule a state high court’s interpretation of state law.
The Federal Appellate System
Direct Federal Appeals
You need to file a federal appeal when your case is heard in the U.S. District Court. These cases involve violations of federal law, including high-stakes litigation such as federal drug conspiracy charges, racketeering (RICO), and white-collar crimes involving federal agencies like the SEC and the FBI. These cases are prosecuted by the United States government, making federal appeals especially challenging.
The U.S. Circuit Courts
| Circuit | Geographic Jurisdiction |
|---|---|
| First Circuit |
|
| Second Circuit |
|
| Third Circuit |
|
| Fourth Circuit |
|
| Fifth Circuit |
|
| Sixth Circuit |
|
| Seventh Circuit |
|
| Eighth Circuit |
|
| Ninth Circuit |
|
| Tenth Circuit |
|
| Eleventh Circuit |
|
| D.C. Circuit |
|
| Federal Circuit |
|
Source: https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals
Supreme Court of the United States
Just like state supreme courts, the Supreme Court of the United States has discretionary review. The court does not have to hear your case. The Supreme Court hears cases that involve:
- Major constitutional questions
- Conflicts between different federal circuit courts
- Disputes between states
- Legal issues with nationwide importance
This court is the final stop for your federal appeal.
The “Habeas Corpus”
What Is a Writ of Habeas Corpus?
A Writ of Habeas Corpus is a separate civil lawsuit you can file against the prison warden to challenge unlawful detention. You can argue that the physical custody of a person by the government is a violation of the U.S. Constitution. You can produce new evidence, as it is a separate case.
The Strategy of “Exhaustion”
You must exhaust all state court remedies before filing a writ of habeas corpus challenging unlawful detention. If you don’t go through the state appellate court and the state supreme court, the federal judge will dismiss your petition.
Federal Review of State Decisions
You can use Habeas Corpus to request a federal judicial review if the state supreme court refuses to fix a constitutional error. If the federal judge finds that the imprisonment constitutes unlawful detention, the judge can order the prisoner’s release.
Conclusion
An appeal is not a new trial. It is a review of the trial court’s record. The appellate court looks for specific legal and procedural errors that actually changed the outcome of the trial. To choose the right representation, you must understand whether your trial was in the state court system or the federal court system.
Brownstone Appellate Law Firm is a national leader in handling criminal and civil appeals in state and federal courts. Schedule a free consultation today!
Frequently Asked Questions
Can I present new evidence or witnesses during my appeal?
The appellate court reviews the trial court’s record in an appeal. It is not a new trial. You cannot present new evidence or eyewitness testimony in an appeal.
Why do I need a different lawyer for my appeal than the one who handled my trial?
Appeals require specialized legal writing and research, which is different from trial work. Additionally, a new lawyer may be needed to argue that your original trial lawyer provided ineffective assistance of counsel.
How long do I have to decide whether to file an appeal?
In most states, you must file a notice of appeal within 30 days from the entry of judgment. For federal criminal cases, the deadline is 14 days; for federal civil cases, it is 30 days.
