Appeal Process
The California appeals process allows defendants who have been unfairly convicted the chance to correct their injustice. This system is designed to cure legal errors that were made at the trial level with the intent to reverse conviction. Legal counsel with a qualified attorney can help you file an appeal.
The side that files the appeal is called the "appellant." The other side is called the "respondent." If you appeal, the appellate court will review the case to decide if a legal mistake was made and needs to be corrected. There are a few types of errors that are grounds for appeal.
(a) Prejudicial error: Prejudicial error includes mistakes made by the judge regarding the law, incorrect instructions given to the jury and misconduct by the lawyers or the jury itself. The mistakes must have harmed the appellant or changed the outcome of the trial to be reserved.
(b) No substantial evidence: There is no substantial evidence that reasonably supported the trial courts decision.
Remember, an appeal is not a new trial. The appellate court will not consider new evidence. You also can't appeal a court's decision just because you don't like the outcome. There must be a mistake or error in the law that impacts the outcome. The court system takes appeals very seriously and may punish people who file invalid lawsuits. Consult a lawyer to help guide you through the appeal process and to make sure you legally have a case for an appeal.
The California appeals process allows defendants who have been unfairly convicted the chance to correct their injustice. This system is designed to cure legal errors that were made at the trial level with the intent to reverse conviction. Legal counsel with a qualified attorney can help you file an appeal.
The side that files the appeal is called the "appellant." The other side is called the "respondent." If you appeal, the appellate court will review the case to decide if a legal mistake was made and needs to be corrected. There are a few types of errors that are grounds for appeal.
(a) Prejudicial error: Prejudicial error includes mistakes made by the judge regarding the law, incorrect instructions given to the jury and misconduct by the lawyers or the jury itself. The mistakes must have harmed the appellant or changed the outcome of the trial to be reserved.
(b) No substantial evidence: There is no substantial evidence that reasonably supported the trial courts decision.
Remember, an appeal is not a new trial. The appellate court will not consider new evidence. You also can't appeal a court's decision just because you don't like the outcome. There must be a mistake or error in the law that impacts the outcome. The court system takes appeals very seriously and may punish people who file invalid lawsuits. Consult a lawyer to help guide you through the appeal process and to make sure you legally have a case for an appeal.
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