Once a criminal defendant has been convicted and sentenced he has the chance to file an appeal of the conviction and sentence. The opportunity to appeal and the appellate process is the same if the case is a felony or a misdemeanor.
If the defendant has entered a guilty plea he may have to ask the court for permission to appeal the conviction. If the conviction results from a trial, the defendant has an unqualified right to appeal. There are strict timetables for filing an appeal. The chance to appeal is lost if the timing is not followed.
An Appeal Examines the Trial Record for Error
An appellate court examines of the trial record to determine if the trial was conducted fairly. The Defendant and the State submit written "briefs" to the appellate court. These “briefs” are the arguments to the appellate court about the conduct of the trial. The trial court transcript and any exhibits used at trial are also provided. At the appellate court’s discretion oral arguments may be heard.
The Appellate Court Looks for Legal Errors
An error is a mistake, generally of law, that took place at the trial. There are several types of error. Usually errors are brought to the attention of the appellate court by the Defendant, though sometimes the court may recognize error on its own. Errors are often described as follows:
- Fundamental Error: This goes to the core of the case and may be considered by the appeals court without being raised by a party.
- Harmful Error: A mistake which likely had an impact on the result of the trial.
- Harmless Error: A legal error which had no impact on the trial’s result.
- Reversible Error: The type of mistake which causes the appellate court to either overturn the verdict or sentence and sends the case back to the trial court.
The Defendant is Entitled to Proper Due Process
There are legal guidelines that must be followed to ensure that the Defendant receives a fair trial. These guidelines are known as “due process”. Failure to follow established guidelines is the type of legal error that can lead to a reversal of a conviction or sentence on appeal. “Due Process” is typically broken down into “procedural due process” and “substantive due process”. The concept of due process is grounded in the defendant's constitutional rights.
Procedural Due Process
The sources of procedural due process are the US Constitution, the state constitutions and statutes. These standards include basic rights, such as the right to an attorney, the right to subpoena witnesses, the right to confront one’s accusers, and the right to a jury trial. Statutes deal with technical issues involving evidence, statutes of limitations and speedy trial timetables. These are procedural rules.
Substantive Due Process
Substantive due process is grounded in the idea that a person shall not be arbitrarily deprived of his life, liberty or property. If a person is denied an appeal of a court decision, or is convicted when the prosecutor conceals "exculpatory evidence" which may prove his innocence, his substantive due process rights have been violated.
The Appellate Process
In most states the initial appeal is to an intermediate-level appellate court. From there, the losing party may appeal to the State Supreme Court. In most cases, after the initial appeal, the highest level court may allow or deny further appeals. In Delaware, The District of Columbia, Maine, Montana, Nevada, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, West Virginia, and Wyoming there are no intermediate level courts and the only appeal is to that state’s highest court.
After finishing all possible state appeals there may be relief in federal court, if there were alleged violations of federal rights. If the case was a federal crime initially, then the matter will remain with the federal courts. The final possible court is the United States Supreme Court, which chooses which cases it will hear. If the Supreme Court declines to hear a case, the judgment of the last court deciding a case becomes final.
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