Chapter 13 Flashcards
What happens when someone appeals to a higher court ?
the defendant asks the higher court to examine the trial courts decision to make sure court procedures were followed
Appellate law is….
questioning of law, not fact finding
Which 2 ways can a defendant appeal?
- Prior to the reading of the verdict (interlocutory appeals)
- Following adjudication
When are interlocutory appeals allowed? (3)
when it involves substantial rights
affects the final decision
if the correctness may better serve the admin. and interest of justice
When are appeals allowed after adjudication? (9)
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
Can a prosecutor appeal a not guilty verdict?
no
When the lower decision is overturned what can they do?
new trial
dismissal of charges
What is the harmless error rule?
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
What must the court be sure of when using harmless error rule?
the court must be convinced beyond a reasonable doubt that the error did not effect the conviction
All states with the death penalty statute provide…..
automatic appellate review
The state court must….
appeal to the next highest court in the state court system
What must happen before reaching the U.S. Supreme Court?
all appeals must be exhausted before reaching the appellate court
Intermediate courts are required to???
to hear and rule on appeals both civil and criminal
State Supreme court can
accept or not accept if the state court has an intermediate court only
Federal courts appeal to whom>?
the U.S. Court of Appeals
What is a Writ of Certiorari?
order of a lower court to send the files for review
What is the rule of 4?
when 4 of the supreme court justices agree to hear the case
When can state supreme court issues be heard by the U.S. supreme court?
when it involves substantial federal question or violates defendants rights
Why does the right to appeal exist?
ensures that the defendant has a fair trial and they have the right to appeal if they believe otherwise
Are appeals constitutionally required?
nope
you have the right to…..
at least one appeal
What is preserving the issue for appeal?
when he defendant can only appeal on issues that were properly raised by the defense attorney
Defendant must______ when appealing
Must handle all appeal issues with one appeal
Why do appellate protections exist? (3)
access to trial transcripts
the right to counsel
right to be free from gov’t retaliation for successful appeals
Why is it important to have access to the trial transcripts?.
because it forms the basis of an appeal
Do indigent defenders have the right to counsel for an appeal?
yes and it needs to be effective
What are direct appeals?
appeals that directly challenge the defendants conviction or sentence on procedural grounds
What is indirect appeal?
when the challenge does not directly challenge there defendants conviction, but instead the authority of the state to incarcerate the defendant
How does one file for an indirect appeal?
through a writ of habeas corpus
What is a habeas corpus?
(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.
What does Habeas Corpus stand for?>
“you have the body”
Who can file a habeas corpus?
only defenders that are incarcerated
Does the court have discretion when deciding whether or not to hear habeas corpus?
yes
Habeas corpus petitions are___rather than direct?
collateral
Defenders must do what before filing for habeas corpus?
they must exhaust all direct appeals
what must federal habeas corpus petitions include?
they must raise constitutional question
ineffective assistance of counsel
racial discrimination in choosing jury
suppression of exculpatory evidence by the prosecutor
do indigent offender have to be provided with counsel?
no because the habeas corpus petitions are discretionary
What makes an appellate court judge different from trial court judges?
appellate court judges participate in group decisions making
What is present during appellate court?
written records of events that took place at trial, briefs, oral arguments of attorneys from both sides
What is the task of the appellate court judge?
to decide which side has presented more compelling arguments
