The appeals process in criminal cases allows a defendant to challenge a conviction or sentence by requesting a higher a higher court to review the trial court’s decision for legal errors. An appeal is not a retrial or an opportunity to represent new evidence; rather, it is a review of the trial court’s record to determine if mistakes occurred that affected the case’s outcome. The appellant (defendant) must identify specific errors, such as ineffective assistance of counsel, improper admission or exclusion of evidence, or judicial errors, such as misinterpretation of the law or abuse of discretion.
The appeals process follows specific steps. First, the appellant must file notice of appeal within strict deadlines, which vary depending on the jurisdiction. In California, the deadline is typically 30 days after sentencing for misdemeanor cases and 60 days for felony cases. Missing this deadline may result in losing the right to appeal. Next, the trial court’s transcripts, evidence, and other records are compiled to form the basis of the appellate court’s decision. The appellant then submits an opening brief outlining legal errors and arguments for overturning the conviction or sentence. The prosecution (appellee) responds with its brief, defending the trial court’s decision, and the appellant may file a reply brief. In some cases, oral arguments are presented before appellate judges, who may ask questions to clarify legal points.
The appellate court then reviews the briefs and trial record but does not consider new evidence or testimony. The court may affirm the conviction, reverse it, or order a new trial resentencing. Appeals must be based on legal grounds rather than dissatisfaction with the verdict. Common grounds include procedural errors, judicial misconduct, insufficient evidence, or constitutional violation, such as unlawful searches and seizures or denial of effective legal representation.
If the appeal is denied, additional legal remedies may be available. These include filing a petition for rehearing, seeking review from a higher court(such as the Californis supreme court), or filing a federal writ of habeas corpus if constitutional rights were violated. Appeals are highly technical and require strong legal arguments based on the trial record. Strict deadlines apply, and missing them can forfeit the right to appeal. Additionally, success rates for appeals are generally low unless clear legal errors are identified.
