A formal request to a higher court of jurisdiction to review a lower court’s decision and determine if one or more errors were made in a legal proceeding. If there were errors, the appellant requests a reversal of the lower court’s orders or verdict. The appellate court can determine that errors occurred but do not merit reversal of the lower court.
There are three main types of appeals in criminal cases: interlocutory appeal, application for leave to appeal, and appeal of right.
What is considered an appeal?
An appeal is a request made to a higher court to the review the decision made by a judge in a lower court to determine whether the decision is legally sound. An appeal in a criminal case is based on errors in law.
What are the 3 types of appeals?
Direct appeal, leave for application to appeal, and interlocutory appeal. A direct appeal and leave for application to appeal occur after a final judgment has been entered. A criminal defendant may directly appeal their conviction if they were found guilty at trial by a judge or jury. If a criminal defendant is convicted by plea, then they must file an application for leave to appeal asking the higher court to consider the appeal. An interlocutory appeal occurs while a case is ongoing asking the higher court to review the lower court’s decision on a particular issue that did not result in a final judgment.
Why is an appeal needed?
The purpose of an appeal is to protect a criminal defendant against prejudicial legal error in the proceedings leading to conviction and against verdicts unsupported by sufficient evidence.
- Post-judgment Relief
- Direct Appeal
- Application for Leave to Appeal
- Habeas Corpus
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