Appeal Stages

Direct Appeal

Introduction: The appeals process

Once a person is found guilty, the presumption of innocence is removed. The defendant now has the burden of showing that a critical mistake was made in the process that convicted him Most of the review which occurs does not revisit factual issues at trial. Some states have time limits as short as three weeks for the admission of any new evidence after the conclusion of the trial. The constitution does not require that a defendant be provided with a lawyer representing him throughout the appeals process. Even when represented, the lawyer must be aware of numerous procedural rules for filing appeals. If the rules are not precisely followed, issues may be lost forever from the appeals process.

Motion for a new trial

A post-judgement request that the court vacate the judgement and order a new trial for any of various reasons, such as insufficient evidence, newly discovered evidence, or jury misconduct. In some jurisdictions, this motion is required before a party can file an appeal. In most cases, this motion is quickly denied.

Appeal to State's highest criminal court

A proceeding undertaken to reverse a decision by bringing it to a higher authority. The defendant submits the trial court's decision to a higher court for reviews and possible reversal.

Petition to the U.S. Supreme Court for write of certiorari

The Supreme Court can, at its discretion, decide to review the decisions of a lower court on federal issues. However, the Supreme Court only takes about 1% of the cases submitted for its reviews.

Post conviction Review

Petition to the state trial court

The defendant can raise issues in his or her case that are not reflected in the record on appeal, such as ineffective assistance of trial counsel, prosecutorial misconduct, or juror misconduct. This petition is usually submitted to the same judge who presided over the trial.

Appeal to the State's highest criminal court

The decision of the state's trial court can be appealed to the state?s highest criminal court.

Proportionality Review

The state appellate court can compare the sentence in the case being reviewed with sentences in similar cases within the state. Where utilized, this practice can help the state to identify and eliminate sentencing disparities. However, many states have abandoned a formal review of this type.

Petition to the U.S. Supreme Court for write of certiorari

See the definition above. A defendant can ask the Supreme Court to review the denial of his post-conviction review, just as the defendant could ask the Supreme Court to review the denial of his direct appeal.

Federal Habeas Corpus

Petition to the Federal District Court

A pleading presented to the federal court seeking a writ to bring a person before a court to ensure that the party's imprisonment is not illegal. Such petitions are not closely regulated and limited through federal legislation passed in 1996.

Evidentiary hearing

A hearing before a federal judge similar to a trial, in which evidence is presented to prove or disprove a statement in the federal habeas corpus petition. The judge has the decision to deny such a hearing.

Appeal to the federal Court of Appeals

The losing party may appeal to District Court?s ruling to the U.S. Court of Appeals. The appeal is heard by a panel of three judges.

En Blanc review

A rarely granted review of the panel's decision in the defendant's case in which the full Circuit Court participates.

Petition to the U.S. Supreme Court for write of certiorari

See the definition above. Either party can ask the Supreme Court to review the decision of the Court of Appeals.

Clemency

Pardon Board

An administrative board or panel authorised to assist the governor in making a clemency decision. In a few states the governor is not authorised to grant clemency unless the pardon board has first recommended it.

Executive clemency or commutation

The power of the state's governor, or the President, to reduce the punishment imposed by the courts.

Execution

Death row

The area of a prison where those who have been sentenced to death are confined.

Death warrant

A paper, typically signed by the governor or a judge, setting a date of execution. The warrant is then served on the defendant and his or her attorney. Typically, shortly before the execution the inmate is moved to a cell closer to the death chamber and kept on 24 hour suicide watch.

Execution

The carrying out of a death sentence by lethal injection, electrocution, lethal gas, hanging, or firing squad.