Study Notes on Appeals

Introduction to Appeals

  • The losing party at trial has the right to appeal except for prosecutors who cannot appeal a not guilty verdict.

Bringing the Appeal

  • Appeals arise mostly from trial verdicts, but they can also be based on other conclusive rulings.

Motion for New Trial

  • After a jury verdict, the losing party can file a motion for a new trial.

  • If denied, this motion serves as the jurisdictional basis for the appeal.

Appellate Jurisdiction

  • Triggered when the case is transferred out of the trial court, such as when a motion for a new trial is denied.

Notice of Appeal

  • This document dockets the case in the appellate court.

Establishing Appellate Jurisdiction

  • Parties must demonstrate that the appellate court has the jurisdiction to hear the case.

  • Jurisdiction: The court's power to hear a case and make binding decisions.

The Record

  • Appeals are based on the case's various documents, known as "the record," consisting of:

    • Pleadings

    • Transcript

    • Evidence

    • Any other relevant information.

Docket Number

  • Each case received in the appellate court is assigned a docket number, which should appear on all briefs.

Briefs

  • Parties present their cases through written briefs in appellate courts.

Appellant’s Brief

  • The appellant's brief outlines the case's facts and requests the appellate court to reverse the trial court's decision.

Contents of an Appellate Brief

  • Elements of a brief include:

    • Title Page

    • Statement of Facts

    • Enumeration of Errors

    • Argument

    • Conclusion

Title Page

  • Lists names of parties, court name, and docket number.

Statement of Facts

  • Describes the incident forming the basis of the case.

Enumeration of Errors

  • Details specific errors made in the trial that the appellant argues were wrongful.

Argument

  • Parties argue that based on facts and applicable law, the court should rule in their favor.

Conclusion

  • A statement making a specific request to reverse the trial court’s decision, such as:

    • "For all the foregoing reasons, the appellant requests that the court reverse the trial court’s decision…"

Filing Deadlines

  • Paralegals and attorneys must closely watch deadlines as missing them could waive important rights.

Serving Copy on Appellee

  • After drafting the brief, it must be served on the opposing party.

Appellee’s Brief

  • Responds to the appellant’s brief and requests the appellate court to uphold the trial court's decision.

Oral Argument

  • Requested in a small percentage of cases for unusual circumstances before the appellate court.

The Powers of the Appellate Courts

  • Appellate courts have limitations on the actions they can take in an appeal.

Affirming a Decision

  • To affirm means to agree with the lower court's decision and leave it unchanged.

Reversing a Decision

  • To reverse means to change the decision made by the lower court.

Modifying a Decision

  • Appellate courts can affirm parts of a decision and reverse others (split decisions).

Remanding a Case

  • To remand is to send a case back to the trial court for further hearings.

  • Appellate courts cannot hear witness testimony or consider new evidence.

Organization of the Appellate Court System

  • The system is structured as a pyramid:

    • Top: Most powerful appellate court

    • Bottom: Trial courts

The State Supreme Court

  • This court is the highest in the state, having the final say on state issues unless the U.S. Supreme Court intervenes.

Certiorari

  • Refers to a court's power to decide which cases it hears on appeal.

  • Only the highest courts possess this power.

Petition for Certiorari

  • A brief requesting the court to consider a case on appeal due to important issues.

Granting Cert

  • When cert is granted, it means the court will consider the appeal but does not guarantee a win for the party.

Denying Cert

  • Denying cert indicates the court's decision not to consider the appeal.

Criminal Appeals

  • Follow the same rules as civil appeals with some exceptions.

Cert Not Required in Death Penalty Cases

  • Courts must hear appeals concerning death penalty cases without needing cert.

The United States Supreme Court

  • Serves as the final authority on federal and state law issues.

U.S. Supreme Court is Final Authority for State Courts

  • Can overturn state law decisions made by state Supreme Courts.