FROM THE LIBRARY:
What is a criminal appeal, and how is it different from a new trial?
An appeal is a legal review to determine whether the trial court made legal errors that affected the outcome of a criminal case by a court of higher jurisdiction. Appellate courts do not determine matters related to credibility, no new witnesses testify, and no new evidence or exhibits are introduced during an appellate review. Appellate courts review the record (transcripts, motions, rulings, jury instructions, exhibits) and the briefs filed by each side in the underlying matter to determine whether a reversible error, a mistake likely to have changed the verdict or sentence, was made. Appellate courts can order a new trial, vacate a conviction, or remand (send back) for resentencing. If errors were made but found to be minor or deemed harmless, the conviction or sentence will be affirmed.
Appeals are about law and procedure, but not necessarily facts. Because deadlines to file a notice of appeal is short and timing is strict, speaking with appellate counsel immediately after sentencing is essential. A focused appellate strategy selects only the strongest preserved issues and frames them under the right standard of review to maximize an appellant’s chance of relief.