The appeals process in criminal law allows defendants to challenge their convictions or sentences on legal grounds. This process ensures that errors made during the trial can be reviewed and corrected, promoting fairness and justice in the legal system.

Here is a detailed look at the steps involved in the criminal appeals process:

1. Filing a Notice of Appeal
   • Timing: The defendant (now called the appellant) must file a notice of appeal within a specified period after the judgment or sentencing, typically within 30 days.
   • Jurisdiction: The notice must be filed with the court that issued the original decision and the appellate court that will review the case.
2. Preparation of the Record on Appeal
   • Trial Record: This includes all documents, evidence, transcripts of court proceedings, and any other materials presented during the trial.
   • Appellate Record: The appellant's attorney compiles these materials into a record for the appellate court's review.
3. Filing Briefs
   • Appellant's Brief: The appellant's attorney submits a written argument outlining the legal errors that occurred during the trial, such as improper admission of evidence, incorrect jury instructions, or insufficient evidence to support the verdict.
   • Respondent's Brief: The prosecution (now called the respondent) submits a brief arguing why the conviction should be upheld, addressing the points raised in the appellant's brief.
   • Reply Brief: The appellant may file a reply brief to counter arguments made in the respondent's brief.
4. Oral Arguments
   • Presentation: Both parties may present oral arguments before the appellate judges. This is an opportunity to emphasize key points from the written briefs and answer the judges' questions.
   • Duration: Oral arguments are typically brief, lasting from 15 to 30 minutes per side.
5. Appellate Court's Decision
   • Deliberation: The appellate judges review the trial record, briefs, and oral arguments to determine whether any legal errors occurred and if they affected the trial's outcome.
   • Ruling: The court can affirm the conviction, reverse the conviction, remand the case for a new trial, or modify the sentence. The decision is usually accompanied by a written opinion explaining the rationale.
6. Further Appeals
   • Intermediate Appellate Courts: If the initial appeal is heard by an intermediate appellate court, the appellant may further appeal to the state's highest court, often called the Supreme Court.
   • Supreme Court: If the case involves federal law or constitutional issues, the appellant may seek review by the U.S. Supreme Court. However, this court accepts very few cases each year.
7. Post-Conviction Relief
   • Habeas Corpus Petitions: Defendants can file a habeas corpus petition challenging their detention's legality, often based on new evidence or constitutional violations.
   • Other Motions: Defendants may file motions for a new trial, sentencing reduction, or other relief based on errors not raised on direct appeal or newly discovered evidence.
      

Key Considerations

• Grounds for Appeal: Appeals are generally based on claims of legal error, such as improper procedure, incorrect application of the law, or violations of constitutional rights.
• Standards of Review: Appellate courts use various standards to review different issues. For example, they review legal questions de novo (without deference to the trial court's decision), factual findings for clear error, and discretionary decisions (like sentencing) for abuse of discretion.
• Outcome Implications: Successful appeals can result in various outcomes, from a new trial to a reduced sentence or outright dismissal of charges. Unsuccessful appeals leave the original verdict intact.
   

Practical Examples

• Reversal of Conviction: If an appellate court finds that critical evidence was improperly admitted at trial, it may reverse the conviction and order a new trial.
• Affirmation of Conviction: If the appellate court finds no significant legal errors, it will affirm the conviction, meaning the original verdict stands.
• Modification of Sentence: If an appellate court finds that the sentencing guidelines were misapplied, it may adjust the defendant's sentence without ordering a new trial.

Understanding the appeals process is crucial for defendants seeking to challenge their convictions or sentences and for ensuring that the criminal justice system operates fairly and justly.

Written By: Advocate Shoaibur Rahman Shoaib, District Bar Association Cumilla and Head of Chambers,Law Castle
Email- info.advshoaib@gmail.com, Ph +8801721 726751