Yes, you can appeal a conviction if you believe there has been a legal error, however an appeal does not constitute a retrial, but it is a request for a higher court to review your case to evaluate whether there were legal errors made, leading to a wrongful conviction. The grounds for appeal include:
- Legal error: a mistake made by the judge during a trial that significantly impact the outcome of that trial.
- Exclusion or improper admission of evidence.
- Ineffective assistance of counsel: if the defendant’s lawyer made serious errors or misrepresented the defendant.
- Jury misconduct: if the jury behaved in an inappropriate manner.
- Prosecution misconduct: the prosecution behaved in an unethical manner, such as withholding evidence.
- Insufficient evidence: the evidence presented was not enough to prove the defendant was guilty beyond a reasonable doubt.