Appeal System the Appeal of a Sentence

Appeal System

The appeal of a sentence or verdict in a criminal case is governed by statute. Consequently, the appeal represents the first opportunity that a convicted federal criminal may seek to contest a conviction or sentence. The appeal allows the system to engage in due care, and gives a final opportunity to the defendant to challenge before the conviction is finalized. In fact the conviction and sentence that has been applied to the individual is not avowed until the direct appeal has been heard by the higher appellate court. It should be noted that when a defendant is found not guilty by the court the government cannot appeal that verdict (The appeals process 2012). There are three avenues of appeal open to a defendant 1. A direct appeal, 2, a post-conviction relief petition and, 3 a petition for Writ of habeas Corpus (Criminal appeals process 2012)

Before a case goes to the appellate court of the state it must have first been tried in the district court. After the district court the case may be sent for appeal to the state appellate court and then finally on to the state supreme court. The decisions of the State Supreme Court are not open to appeal like the decisions of lower courts. In Texas there are fourteen Courts of Appeal and, when the trial court has made its decision, the defendant or the state can make an appeal to these courts. Cases involving the death penalty however go directly to the Court of Criminal Appeals instead of the Courts of Appeal. It should be noted that decisions of the Courts of Appeal may be reviewed by the Court of Criminal Appeals (About the court 2012).

The focus of the appellate court is an examination of the proceedings from the trial court to determine whether those proceedings were executed in harmony with the law. The review of the case is conducted primarily on written documents from the trial. These documents include the court reporters transcripts which contain the exact statements of all parties at the trial, the judge's decision and any other pertinent evidentiary documents. It is important to note that the appellate court does not conduct a new trial and it does not examine any new evidence in the case. The attorneys for the prosecution and the defense are at time permitted to make oral arguments before the court.

A defendant has the right to appeal. A case may be appealed because the evidence presented by the prosecution does not buttress a conviction. The defense may also argue that the evidence was not admitted or excluded in the proper lawful manner. The rulings and directions of the judge are also grounds for appeals to be raised. The sentence of the defendant may also be legitimate grounds for appeal.

In Texas during 2010 the Courts of Appeals received 4,926 appeals and in 1,520 of those the Court of Criminal Appeals was invited to review those cases. The Court of Criminal Appeals granted review in only 85 (About the Court 2012). The decision to accept a case for review is therefore of supreme importance. For a matter to be heard by the Supreme Court four of the justices must agree that is worthy to be heard. The Court generally only hears cases when federal appellate courts differ on the interpretation of a law, or when the case is a very important legal precedent. There are also instances when the constitution dictates that a case be heard.