what is a reason that a convicted criminal can appeal a case course hero

Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict.

Full Answer

Common Grounds for Appeal

Criminal appeals attorney can cite any of the following reasons to appeal your conviction. Depending on the strength of the argument, the appellate court can overrule your conviction. Here are the common grounds for appeals:

1. False Arrest

If the officers didn’t have an arrest warrant to arrest you, your case could be overturned when you appeal. Also, if the officers violated any search and seizure laws during your arrest, it forms a valid ground for an appeal.

2. Exclusion of Evidence

Before the jury tries the case, the judge holds a special hearing with the defense lawyer and prosecutor. The judge decides which pieces of evidence are to be presented in court. Sometimes judges can get it wrong and prevent exculpatory evidence from being presented before the jury.

3. Insufficient Evidence

Like the judge, sometimes the jury can make a mistake. They can decide based on emotion or prejudice and convict the defendant even when there isn’t compelling evidence.

4. Ineffective Counsel

Sometimes your defense counsel commits a legal error and may not present your case strongly. If you can prove that the inefficiency of your trial lawyer deprived you of your Sixth Amendment, you are entitled to a new trial.

5. Prosecutorial or Jury Misconduct

Another reason to appeal is if you have proof of the prosecutor or jury engaging in a dishonest act or using improper methods to convict you. Then, you are entitled to a new trial based on prosecutorial or jury misconduct.

6. Sentencing Errors

The judge is required to state clearly their reason for a particular sentence. If the judge ignores sentencing rules, then it becomes an illegal sentence. If you can convince the appellate court that you have been sentenced illegally, then the court orders a review of the verdict in the trial court.

What is a successful appeal?

To create a successful appeal, a lower court’s errors must be material in nature or of such a degree that the errors affect the outcome of a person’s case.

What happens before a criminal trial?

Prior to nearly every criminal trial, a hearing occurs, at which time it is decided what evidence will be allowed in a trial. While the prosecution and defense will have different arguments about what evidence should be let in, these matters are ultimately resolved by a judge.

What are some examples of misconduct in court?

Some of the most common examples of how jurors can act inappropriately include inappropriate communication between jurors and witnesses or attorneys.

What is the purpose of lack of evidence?

Lack of Adequate Evidence. To convict a person of a criminal offense, the prosecution must establish that a person committed each element of the offense beyond a reasonable doubt. If a person is convicted of a criminal offense as a result of insufficient evidence, it is possible to create a strong appeal. In many situations where ...

What is sentencing phase?

The sentencing phase is frequently complex and can result in sentencing errors. The type and number of offenses, as well as previous criminal convictions, impact the way in which a person is sentenced. Based on the offense involved, there are also a number of unique rules that judges must follow during the sentencing phase.

What is the indicator that a jury made a decision to conviction as a result of either emotions or prejudice?

In many situations where a person was convicted of an offense based on inadequate evidence , this is an indicator that a jury made a decision to conviction as a result of either emotions or prejudice.

What does a judge do at the end of a trial?

At the end of all criminal trials in which a jury is involved, a judge will provide jury instructions that describe the manner in which jurors are to handle the applicable law as applied to the case being heard .

What are legal errors?

Legal errors can refer to a number of things, such as improperly admitted evidence, lack of sufficient evidence to support a finding of guilt or incorrect jury instructions. If there have been legal errors made in your case, you may be able to appeal. If the errors wouldn’t have changed the verdict (like if the prosecution has your fingerprints and the evidence was not properly introduced, but the prosecutor also has video of you committing the crime that was introduced properly), you won’t be able to appeal.

Can a person who is convicted of a crime appeal to a higher court?

When a court convicts someone, the defendant – the person convicted of the crime – may be able to file an appeal to a higher court. The higher court can look at the lower court’s decision, and if it finds that the defendant is in the right, it could reverse the lower court’s decision (in part or the whole thing).

Can you appeal a jury verdict?

Juror misconduct is serious – and if you reasonably believe that the jury conducted itself improperly during deliberations (or during the trial), you may be able to appeal. Jury misconduct occurs when jurors use drugs or alcohol during deliberations of the trial, improperly communicate with witnesses or other attorneys, or do any number of other things that negatively impact the fairness of your trial.

Do You Need to Talk to a Lawyer About Appealing Your Case?

If you’re not sure whether you have grounds to appeal, or if you’re positive that something was wrong with your trial, give us a call at 414-383-6700 now. We’ll evaluate your situation and give you our professional opinions during a free consultation. Attorney Carlos Gamino

What happens if an appeal is successful?

When an appeal is successful, it can often result in reduced sentences or even overturned convictions. An experienced criminal defense attorney is always the best person to advise you on your best options, but as an overview, here are the top five reasons why it might be appropriate to appeal your case.

What happens if you are unfairly convicted?

If you’ve been unfairly convicted of a crime or received a harsh sentence, that verdict or sentence is not necessarily the final word on the matter. The court system provides you with a number of options for appealing your conviction or your resulting sentence, from direct appeals to a higher court to a number of post-trial motions.

What is due process in a criminal case?

ACTS OF MISCONDUCT. As a defendant, you have a right to “due process” under the law, meaning everything must be done according to procedure to protect your rights. However due process can be disrupted due to acts of misconduct by those involved in your case.

Can a judge review a pre sentence?

This can happen for a number of reasons—for example, the judge didn’t properly review the pre-sentence report for mitigating factors, or perhaps the judge had a bias that could be proven by prior actions. Your attorney may have many options after sentencing for appealing on your behalf to revisit or modify your sentence.

Can the government detain you?

Under the law, the government cannot detain you or imprison you without just cause. If you were unjustly convicted and sentenced to imprisonment because of errors, negligence, misconduct or other factors that resulted in a miscarriage of justice—and if other forms of appeal do not correct these injustices—your attorney may file a petition ...

Is it a mistake to appeal a case?

If you or your attorney suspect that the outcome might have gone differently had the error not occurred, that is a legitimate reason to appeal.

Can an attorney appeal a case?

When this happens, the attorney may appeal by filing a petition for a new trial.

What are the grounds for appeal in a criminal case?

Grounds for Appeal. Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict.

When do criminal defendants appeal?

Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation. To succeed in an ineffective assistance of counsel claim, a defendants must typically prove that but for their counsel’s actions, the outcome of the case would have been different.

What is the process of appellate review?

Process of Appellate Review. If a state court convicts a defendant, the ruling is appealed to an intermediate-level state appellate court. If the defendant is unsuccessful in the intermediate court, the defendant may appeal their conviction to the state’s highest court. Each state has its own court naming system.

What are the common bases for appeal?

Common Bases for Appeal. Legal error. Juror misconduct. Ineffective assistance of counsel. A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself.

What happens when a court grants an appeal?

If the appellate court grants the appeal, it may reverse the lower court’s decision in whole or in part.

What happens if the appellate court denies the appeal?

If the appellate court denies the appeal, the lower court’s decision stands.

What is included in the trial record?

The record includes all pre-trial and post-trial motions, all evidence admitted to the court and a word-for-word transcript of the trial. In addition to analyzing the record, appellate courts also review written briefs submitted by each party.

Why Should You Appeal a Criminal Conviction or Sentence in Orange County?

An appeal allows you the opportunity to ask a higher court to review the record of your trial court proceeding to determine if any mistakes were made. However, an appeal isn’t a new trial, nor does it allow you to present new evidence.

How long does it take to appeal a verdict in California?

The first step is to file a Notice of Appeal within 60 days of the date of your sentencing.

What happens if you are arrested without probable cause?

Similarly, if you were arrested without probable cause or in absence of a required arrest warrant (where applicable), you may also have grounds for “false arrest.”. 5. Prosecutorial misconduct – Like law enforcement officers, a prosecutor must follow proper procedures during trial.

WHAT CAN HAPPEN WHEN YOU APPEAL A CONVICTION?

When rendering a decision regarding an appeal, appellate courts have three options:

HOW MUCH TIME DO YOU HAVE TO APPEAL A CONVICTION?

In the state of Washington, you will need to have a defense lawyer with appeals experience who will file a notice of appeal on your behalf within thirty days of your conviction.

WHAT IF YOU PLED GUILTY OR ACCEPTED A PLEA BARGAIN?

To be frank, there are virtually no circumstances that allow you to appeal a guilty plea.

WILL YOU NEED TO BE REPRESENTED BY A DIFFERENT ATTORNEY?

Appeals require a different set of legal skills, so if your trial attorney has no appeals experience, you’ll need a lawyer who has that experience – and a record of success – in the appellate courts.

HOW DOES AN APPELLATE COURT WORK?

The next step is scheduling a date for the appellate court hearing. A defendant should understand that he or she will not be allowed to introduce any new evidence or try a new defense strategy.

What is the purpose of filing a brief with the court?

Filing of Briefs: The defendant must file a brief with the court which explains the grounds for the appeal and suggests the result that the appellate court should reach.

What happens after oral arguments in a court case?

4. Decision: After the oral arguments, the appellate court will render a decision.

Common Grounds For Appeal

False Arrest

Exclusion of Evidence

Insufficient Evidence

• Like the judge, sometimes the jury can make a mistake. They can decide based on emotion or prejudice and convict the defendant even when there isn’t compelling evidence. If the prosecution fails to prove the case beyond a reasonable doubt and the jury goes ahead with the conviction even when there is a lack of evidence, you can appeal the sentence ...

See more on brownstonelaw.com

Ineffective Counsel

Prosecutorial Or Jury Misconduct

Sentencing Errors