Chapter 13: The Appellate Process

Question 1

When a defendant ___________ to a __________ __________,they’re seeking the _________ to overturn the _________ court decision.

Answer 1

appeals; higher court; judge; lower

Question 2

While defendants appeal to ensure ____________ ___________ was followed, they cannot appeal on the basis that the lower court ___________ and ___________’s ____________-____________ was incorrect. This is because appeal deals with questions of ______, not ___________ _____________ errors.

Answer 2

legal procedure; judge; jury’s; fact-finding; law; fact-finding

Question 3

Tollet v. Henderson ruling

Answer 3

Once a criminal defendant has pled guilty to the crimes charged, they cannot make claims about constitutional rights deprivation that occurred BEFORE he entered the guilty plea.

Question 4

interlocutory appeals

Answer 4

appeals filed prior to the final judgement.

Question 5

Because the ______________ cannot appeal a _____-__________ verdict, a _________’s decision that prevents conviction is ______________ in higher court.

Answer 5

prosecution; not-guilty; judge’s ; appealable

Question 6

Stack v. Boyle (1951)

Answer 6

Defendant could appeal lower court judge’s decision to reject argument, wherein defendant argued bail was “too excessive” (violates 8th Amendment)

Question 7

Abney v. United States (1979)

Answer 7

Defendant’s appeal of a pre-adjudication order that denied dismissal of indictment on double jeopardy grounds is permissible.

Question 8

Appeals made __________ adjudication deal solely with whether or not the _____________ received a ___________ __________ in the lower courts, not the ____________ or ___________ of the __________________.

Answer 8

after; defendant; fair trial; guilt; innocence; defendant

Question 9

What does it mean to “remand” a case?

Answer 9

Higher court sends case back to trial court so lower court can conduct proceedings consistent with higher court’s decision.

Question 10

Harmless Error Rule

Answer 10

Appellate court judge may not reverse ruling because error, on which defendant is appealing, is “harmless.”

-Clause is meant to prevent unnecessary trials where outcome would be different.

Question 11

Chapman v. California (1967)

Answer 11

Supreme Court ruled on whether trial court made an harmless error by allowing prosecutor to repeatedly mention defendant’s silence during his closing statements.

Question 12

Griffin v. California (1965)

Answer 12

Struck down Chapman decision.

(Ruled that prosecutor’s mentioning defendant’s guilt was not a harmless error).

Question 13

According to the Supreme Court, a _____________ appealing their case is _________ apart of their ___________ ______________ of law.

Answer 13

defendant; not; due process

Question 14

The ability of appellate court judges to ___________ sentences from ____________ courts is majorly ________________. This is, in large part, because ________________ one’s sentence is not apart of the _____________ ___________ of law.

Answer 14

alter; lower; limited; appealing; due process

Question 15

Only __________ of the states allow for ___________ appellate review for ______-________ cases.

Answer 15

Half; automatic; non-capital

Question 16

In some jurisdictions (states) the standard of appellate review is different. Some states require appellate courts to _________ the lower court decision if it’s deemed “___________.” Some states have to meet a higher standard, where the lower court decision must be deemed “______________ excessive,” “an ___________ of ____________,” and “clearly ____________.”

Answer 16

alter; ‘excessive’; “manifestly excessive”: “an abuse of discretion”; “clearly erroneous”

Question 17

T/F: The defendant is exempt from punishment after the charges are vacated during appeal.

Answer 17

False.

Wrongful sentences doesn’t equate to defendant immunity. The case, by the appellate court, is sent back to the lower court, so the defendant can be tried properly (and perhaps, punished properly).

Question 18

The _________ ___________ court is required to hear ____ appeals from state _________ __________. Because the ________ ________ court became overwhelmed by the number of appeals, there is now increased usage of _____________ _____________ courts (also referred to as court of _______, __________ __________, and ________ ________), which are located in ______ states.

Answer 18

State Supreme; all; trial courts; state supreme; intermediate appellate; appeals; appeals court; appellate divisions; 40

Question 19

Some states have _______ state supreme courts: one for _________ appeals and one for _________ cases.

Answer 19

2; civil; criminal

Question 20

Some State supreme courts may have anywhere between ______ and _______ empaneled judges.

Answer 20

5; 9

Question 21

In states where there are ____________ _____________ courts, the _________ ___________ court will usually hear discretionary appeals, except for cases of the ______________ _____________, which receive automatic appellate review.

Answer 21

intermediate appellate; state supreme; death penalty

Question 22

There are ______ court of appeals.

Answer 22

13

Question 23

There is no _________ to appeal to the _____ ____________ ______________.

Answer 23

right; U.S. Supreme Court

Question 24

Supreme Courts only review a ________ of the cases they’re asked to review each year.

Answer 24

few

Question 25

Writ of Certiorari

Answer 25

order by Supreme Court to lower court to forward case record to Supreme Court.

Question 26

Rule of Four

Answer 26

Before writ is issued, 4 of the justices must agree to hear the appeal.

Question 27

The Supreme Court hears cases from the _________ __________ court and court of _____________.

Answer 27

state supreme; appeals

Question 28

Decisions made by the __________ _____________ court are reviewed by the ____ ______________ ___________ only if their decision poses a “___________ _______________ ____________.”

Answer 28

State supreme; U.S. Supreme Court; “Substantial Federal Question.”

Question 29

McKane v. Durston (1864)

Answer 29

ruled that Appellate review was not at common law/ not a necessary element of due process.

Question 30

The _____________’s right to ___________ is not unlimited. Many jurisdictions set time frames in which an ____________ with the __________ court to the ___________ court needs to be made. Ex. California offers a limit of __________ days for an __________ by the trial court to be made with the court of ______________.

Answer 30

defendant’s; appeal; appeal; trial; higher; 60; appeal; appeals

Question 31

Preserving the Issue for Appeal

Answer 31

defendant may only appeal based on things properly mentioned by the defense attorney (on record).

Question 32

A defendant must file a ____________ appeal wherein _______ of the ______________ issues are raised.

Answer 32

single; all; appealable

Question 33

3 Appellant Rights

Answer 33

1) Right to Trial transcripts

2) Right to Counsel

3) Right to be free from govt. retaliation due to successful appeal

Question 34

Griffin v. Illinois (1956)

Answer 34

ruled appellants have the right to trail transcripts.

Question 35

Douglas v. California (1963)

Answer 35

ruled indigent appellants have right to have assisted counsel.

Question 36

North Carolina v. Pierce (1969)

Answer 36

ruled govt may not retaliate on successful appeals

Question 37

Direct Appeal

Answer 37

when defendant directly challenges conviction/sentence based on legal procedure.

Question 38

Offenders may also file __________ ___________, through a ________ of ________ __________.

Answer 38

indirect appeals; writ; habeas; corpus

Question 39

Habeas Corpus

Answer 39

Document (from incarcerated defendant) challenging legality of their confinement in detention.

Question 40

The right to petition an ____________ court for a ____________ of ____________ ____________ is a ________________ right in Article ___ Section ___ of the _____ _______________.

Answer 40

appellate court; writ; habeas corpus; constitutional; 1; 9; U.S. Constitution

Question 41

Only ______________ persons are allowed to file a __________ of ____________ __________.

Answer 41

incarcerated; writ; habeas corpus

Question 42

The defendant petitions either ___________ or ___________ court for a ____________ of ________ _____________. If the judges grant the defendant’s petition, he/she is allowed a _____________ _______________, NOT a __________ ____________. (Remember, we’re not looking at whether or not legal procedure was followed, we’re checking the legality of the incarcerated person’s detention.

Answer 42

state; federal; writ; habeas corpus; habeas review; trial hearing

Question 43

The number of habeas petitions from inmates in state prison ______________ from _______-________, but ______________ from _________-___________.

Answer 43

decreased; 1980-1990; increased; 1990-2000.

Question 44

In appellate court, there could be ____, ____, ____, ____ or more ____________ making decisions.

Answer 44

3;5;7;9 judges

Question 45

In appellate court, there’s no presentation of _____________, no ___________, and no _______________. There’s only a ____________ of the events in the ___________ case, and ___________/__________ arguments from prosecution and defense. The judges must ultimately decide whose ____________ was more compelling

Answer 45

evidence; witnesses; juries; record; trial; written/oral; argument

Question 46

1. Defendants convicted in state courts may appeal to the ____________ __________ court or _____________ ________________ court.

Defendants convicted in federal courts may appeal to the court of ____________ for the ____________.

Answer 46

intermediate appellate; state supreme; appeals; circuit

Question 47

2. ______________ ______________ , ______________, and physical______________ from the trial case are introduced. Each party will submit ________________ of their different versions of interpretations of the ___________ in the case. The _______________ (now ________________) submits their brief first. The _______________ (now ____________) submits their brief second, responding to the argument posed by the ______________.

Answer 47

Trial transcripts; documents; evidence; briefs; facts; defendant; appellant; prosecution; respondent; appellant

Question 48

3. During the appellate proceeding the ______________ will argue how there were ______________ ____________ made during the trial proceeding. The ________________ , arguing the ___________ ___________ decision was legally correct, and explains how the appellant’s _______________ of the law and legal issues raised is wrong.

Answer 48

appellant; legal errors; respondent; lower court; interpretation

Question 49

Once the judge has reviewed the arguments of the opposing sides, both the _________________ and _______________ are given a limited amount of time to make ___________ ______________, expanding on what’s in their written arguments. Finally, the judges have a ________________ about the case, take a ___________, and assign ____ of the judges to write the majority opinion. Any other judges siding with the majority opinion write _____________ opinions. Those in disagreement write _____________ opinions.

Answer 49

appellant; respondent; oral arguments; conference; vote; 1; concurring; dissenting