Direct Appeals & PCR

Question 1

when can state appeal

Answer 1

1. state can appeal sentencing decision
2. state can make interlocutory appeals
3. state can appeal a judge throwing out a conviction

Question 2

what is an interlocutory appeal

Answer 2

where there’s a pre-trial or midstream trial order, can appeal before final judgement as long as
1. tc must have conclusively determined on an issue
2. the issue must be an important matter distinct from merits of case
3. if you have to wait until the final judgement, the order would be un-reviewable/ moot

Question 3

which side does the interlocutory appeal test favor

Answer 3

government – because they can’t appeal most stuff and the defense will be able to

Question 4

when might an interlocutory appeal be granted for the defense

Answer 4

• appeal from order denying motion to reduce bail
• appeal from order denying motion to dismiss indictment due to DJ
• appeal from order denying motion to dismiss indictment under speech and debate clause protecting legislators

Question 5

what is the law governing direct appeals and changes in law

Answer 5

If the law gets worse after the defendant is convicted, he still gets the benefit of the law at the time of conviction so he isn’t made worse off. However, if the law gets better after he is convicted, he gets the benefit of the new standard.

Question 6

what is the harmless doctrine error for direct appeals

Answer 6

the error must have actually mattered – won’t be reversed if government can prove it was harmless beyond reasonable doubt

Question 7

what errors are so bad that they get automatic reversal without showing prejudice

Answer 7

• denial of right to counsel
• denial of right to self-representation
• judge who fails to be impartial
• erroneous instruction on reasonable doubt

Question 8

when is conviction final

Answer 8

when ∆ has exhausted direct appeals

if ∆ never filed direct appeal and deadline has passed

now it’s time for PCR