Crm Jst 275 1st Edition Lecture 23Current LectureCh. 13 – The Appellate ProcessI. Terminology & Case Citationsa. Appellee=person filing appeal (aka Petitioner)b. Respondent=person appeal is filed againstc. E.g. Brown v. Board of Education (1954)i. Petitioner v. Respondent (Year)d. How to read an Appellate Court Case Citationi. Petitioner Name v. Respondent Name, Volume # Court Name # Page # (Year)ii. E.g. Santobello v. New York, 404 U.S. 257 (1971)II. Appealing to a Higher Courta. Whether proper procedure followed (or error)b. Cannot raise questions of fact (e.g. innocence, new testimony)c. In most states, those who plead guilty cannot appeald. 2 forms:i. Pre-adjudication (interlocutory appeal)ii. Post-adjudication (direct appeal)III. Pre-adjudication/Interlocutory Appealsa. Purpose: raising issues of substantial rights that will affect outcome of casei. For prosecutor: rulings on evidence1. Trial biased and acquittal or forced dismissal2. Think double-jeopardy issue…ii. For defense: limited to Constitutional Questions (e.g. excessive bail)IV. Post-adjudication/Direct AppealThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.a. Prosecutors cannot appeal acquittalsb. Defendants: appeal sentence or errors committed during triali. More free to appeal than pre-adjudicationii. Procedural errorsiii. Constitutional issuesV. “Right” to Appeala. Appeals not constitutionally guaranteedi. Yet all states and federal give right to 1 appealb. Prosecutors cannot appeal guilty verdictsc. Limitations on appealsi. Timeframe (e.g. within 60 days of conviction)ii. Substance=preserving the issue for appeal1. Occurs in trial, issue objected to by counsel2. Forms basis for appeal – transcriptVI. How Appellate Courts Decidea. Notice of Appeal filed by petitionerb. Appellate file startedi. Transcripts, documents at trialc. Briefs (written arguments) filed by petitioner and respondentd. Justices review transcripts and briefse. Justices hear oral argumentsi. Amicus curaef. Make decision (majority rules)g. Majority, concurring, dissenting opinions => set precedent for futureVII. Appellate Court’s Optionsa. Affirm=side on trial court’s decisionb. Reverse=overturn decision of trial courti. Remanded to trial court for review or new trialc. Errors:i. The Harmless Error Rule1. Did not affect the outcome of the case2. Designed to prevent an unnecessary new trial3. Exceptions: denial of counsel, trial judge biasedii. Plain Error and Reversible Error1. If error was harmful to due process and outcome of caseVIII. Appealing the Sentencea. Limited authority to review sentencesi. Automatic appeal of death sentenceii. In non-capital cases more limited:1. If sentenced more harshly or leniently than guidelinesb. Outcomesi. Affirmed=sentence holdsii. Sustained=must be remanded to trial judge for re-sentencingIX. State Appellate Courtsa. State cases=State appellate courtsi. Many have intermediary appellate courts1. Mandatory Jurisdictionii. All have a “last resort” court1. Discretionary Jurisdiction2. Mandatory Jurisdiction for Capital Casesb. If both (all) state appeals exhausted:i. May appeal to US Supreme Courtii. Likely to only be heard if raising Constitutional issuesX. Federal Appellate Courtsa. Federal cases=Federal appellate courtsb. Circuit Courts (Intermediate) – 13 courtsi. Mandatory Jurisdictionc. US Supreme Courti. Discretionary Jurisdictionii. Typically limited to Constitutional issuesiii. Writ of Certiorari1. Rule of Four2. Sends case file from lower courts up for reviewXI. Protections Afforded Appellants (do not need to know these specific related case laws)a. Access to transcriptsi. Basis for appealb. Access to counsel for indigent defendants for one appeali. Due Process issuec. Government cannot retaliate for a successful appeali. E.g. not able to tack on additional chargesXII. Writ of Habeus Corpusa. Indirect Appeal:i. Challenges the authority to hold anyone in custody in violation of Constitutionii. Collateral Attack: provides different challenge into a new courtiii. Must be filed after all direct appeals exhaustedb. The Origins of Habeus Corpusi. An ancient legal remedy protection against government locking up without chargesii. Constitution: Article, I, Section