Chapter 13

Question 1

What happens when someone appeals to a higher court ?

Answer 1

the defendant asks the higher court to examine the trial courts decision to make sure court procedures were followed

Question 2

Appellate law is….

Answer 2

questioning of law, not fact finding

Question 3

Which 2 ways can a defendant appeal?

Answer 3

1. Prior to the reading of the verdict (interlocutory appeals)
2. Following adjudication

Question 4

When are interlocutory appeals allowed? (3)

Answer 4

when it involves substantial rights
affects the final decision
if the correctness may better serve the admin. and interest of justice

Question 5

When are appeals allowed after adjudication? (9)

Answer 5

involuntary guilty plea
coerced confessions
unreasonable searches and seizure evidence
evidence form unlawful arrest
violation of self incrimination
violation of dbl jep
unconstitutionally selected jury
denial of counsel 
denial of speedy trial

Question 6

Can a prosecutor appeal a not guilty verdict?

Answer 6

no

Question 7

When the lower decision is overturned what can they do?

Answer 7

new trial

dismissal of charges

Question 8

What is the harmless error rule?

Answer 8

when the appellate court agrees that there was an error in the trial process, however do not reverse the conviction because the errors were harmless and did not effect the outcome

Question 9

What must the court be sure of when using harmless error rule?

Answer 9

the court must be convinced beyond a reasonable doubt that the error did not effect the conviction

Question 10

All states with the death penalty statute provide…..

Answer 10

automatic appellate review

Question 11

The state court must….

Answer 11

appeal to the next highest court in the state court system

Question 12

What must happen before reaching the U.S. Supreme Court?

Answer 12

all appeals must be exhausted before reaching the appellate court

Question 13

Intermediate courts are required to???

Answer 13

to hear and rule on appeals both civil and criminal

Question 14

State Supreme court can

Answer 14

accept or not accept if the state court has an intermediate court only

Question 15

Federal courts appeal to whom>?

Answer 15

the U.S. Court of Appeals

Question 16

What is a Writ of Certiorari?

Answer 16

order of a lower court to send the files for review

Question 17

What is the rule of 4?

Answer 17

when 4 of the supreme court justices agree to hear the case

Question 18

When can state supreme court issues be heard by the U.S. supreme court?

Answer 18

when it involves substantial federal question or violates defendants rights

Question 19

Why does the right to appeal exist?

Answer 19

ensures that the defendant has a fair trial and they have the right to appeal if they believe otherwise

Question 20

Are appeals constitutionally required?

Answer 20

nope

Question 21

you have the right to…..

Answer 21

at least one appeal

Question 22

What is preserving the issue for appeal?

Answer 22

when he defendant can only appeal on issues that were properly raised by the defense attorney

Question 23

Defendant must______ when appealing

Answer 23

Must handle all appeal issues with one appeal

Question 24

Why do appellate protections exist? (3)

Answer 24

access to trial transcripts
the right to counsel
right to be free from gov’t retaliation for successful appeals

Question 25

Why is it important to have access to the trial transcripts?.

Answer 25

because it forms the basis of an appeal

Question 26

Do indigent defenders have the right to counsel for an appeal?

Answer 26

yes and it needs to be effective

Question 27

What are direct appeals?

Answer 27

appeals that directly challenge the defendants conviction or sentence on procedural grounds

Question 28

What is indirect appeal?

Answer 28

when the challenge does not directly challenge there defendants conviction, but instead the authority of the state to incarcerate the defendant

Question 29

How does one file for an indirect appeal?

Answer 29

through a writ of habeas corpus

Question 30

What is a habeas corpus?

Answer 30

(literally to “produce the body”) is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order.

Question 31

What does Habeas Corpus stand for?>

Answer 31

“you have the body”

Question 32

Who can file a habeas corpus?

Answer 32

only defenders that are incarcerated

Question 33

Does the court have discretion when deciding whether or not to hear habeas corpus?

Answer 33

yes

Question 34

Habeas corpus petitions are___rather than direct?

Answer 34

collateral

Question 35

Defenders must do what before filing for habeas corpus?

Answer 35

they must exhaust all direct appeals

Question 36

what must federal habeas corpus petitions include?

Answer 36

they must raise constitutional question
ineffective assistance of counsel
racial discrimination in choosing jury
suppression of exculpatory evidence by the prosecutor

Question 37

do indigent offender have to be provided with counsel?

Answer 37

no because the habeas corpus petitions are discretionary

Question 38

What makes an appellate court judge different from trial court judges?

Answer 38

appellate court judges participate in group decisions making

Question 39

What is present during appellate court?

Answer 39

written records of events that took place at trial, briefs, oral arguments of attorneys from both sides

Question 40

What is the task of the appellate court judge?

Answer 40

to decide which side has presented more compelling arguments