Appeals
What is an Appeal?
An appeal is a request to a higher court to review a decision made in a completed trial or proceeding. Most legal disputes are initially decided by superior courts or certain administrative agencies. After a trial or proceeding is completed, if the losing party is dissatisfied with the outcome and believes an error was made that adversely affected the result, he or she may ask the trial court judge to overturn the decision or to order a new trial. If the judge denies the request, the losing party may file an appeal in the appropriate Court of Appeal.
What do the Courts of Appeal decide?
The Courts of Appeal decide questions of law, such as whether the superior court judge applied the law correctly in a case. The Courts of Appeal do not hear testimony or retry cases. An appeal from a superior court judgment is decided based on the record from the original trial or proceeding. Issues brought to a Court of Appeal for review commonly include claims such as an incorrect ruling on admissibility of evidence, incorrect application of a law or regulation, improper jury instructions, and insufficient evidence to support the verdict.
How does the Appeal Process work?
To begin the appeal process, a written notice of appeal is filed with the clerk of the court in which the proceeding took place. In criminal and juvenile cases, transcripts of the underlying proceedings are automatically prepared. All parties are notified once the record on appeal has been filed with the Court of Appeal.
From the date the record was filed, the appellant has a specified period of time within which to file an appellant's opening brief, depending on the type of case. A "brief" is a written argument that an attorney prepares for the court. It details the issues raised by the appellant, including challenges to superior court rulings or findings, and refers to applicable statutes (laws) and previous case decisions to support their position. The respondent is then given an opportunity to file a brief in response and then the appellant may file a reply brief.
Once the briefs have been filed the case is randomly assigned to a panel of justices. An oral argument is scheduled and the justices review the briefs and a memorandum that have been prepared concerning the appeal. Oral argument gives the justices the opportunity to ask the attorney concerning the issues raised.
After the panel of justices has heard oral argument, a member of the panel prepares and files an opinion, which is a written statement of the court's decision.
Decisions of the Courts of Appeal are subject to discretionary review by the California Supreme Court as well as to review in the United States Supreme Court for decisions based on the U.S. Constitution and federal Statutes.
COMPARISON BETWEEN MOTION FOR NEW TRIAL, APPEAL AND HABEAS CORPUS PETITION
|
MOTION FOR NEW TRIAL |
APPEAL |
HABEAS PETITION |
WHEN TO FILE? |
BEFORE SENTENCING |
AFTER SENTENCING |
AFTER SENTENCING TO CHALLENGE THE CONVICTION |
FILE AT SAME TIME? |
NO |
YES |
YES |
WHERE FILED? |
TRIAL COURT |
COURT OF APPEAL |
TRIAL COURT, |
POWER TO SUBPOENA WITNESSES AN D DOCUMENTS? |
YES |
NO |
NO - UNLESS EVIDENTIARY HEARING IS GRANTED |
POWER TO CALL WITNESSES AND PRESENT |
YES |
NO |
NO - UNLESS EVIDENTIARY HEARING IS GRANTED |
What is a Writ?
The word "writ" traces its roots to English common law. In Old English, writ means a letter, often written by an attorney. Writ was the name for an action in the courts. There were different kinds of writs for different actions -- writs to recover land or personal property, to enforce judgments, to seek damages for broken contracts. Most of the common law writs have been abolished and replaced by the civil actions we know today.
In another sense, the word writ meant, and still means, an order. For example, an "original writ" in old England was a letter from the king to the local sheriff ordering someone who committed a wrong to either make repairs to the person wronged or appear in court to face formal accusations. In this context, the original writ is most like our "summons" ordering a party to appear in court.
In most modern American jurisdictions, a "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court. (Many states have two levels of appellate courts -- an intermediate appellate court and the state Supreme Court.) This section merely outlines common writs. Writs, like appeals, are complex and involve picky details. Defendants facing situations where they may be entitled to take a writ should consult counsel.
What's the difference between a writ and an appeal?
Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal. As a general rule, this applies to issues that are not apparent in the record of the case itself (such as when an attorney fails to investigate a possible defense).
Any one of the following reasons, for example, may prohibit an appeal (and justify a writ):
The defense did not lodge a timely objection at the time of the alleged injustice (but should have). A final judgment has not yet been entered in the trial court, but the party seeking the writ needs relief at once to prevent an injustice or unnecessary expense. The matter is urgent. (Writs are heard more quickly than appeals, so defendants who feel wronged by actions of the trial judge may need to take a writ to obtain an early review by a higher court.) The defendant has already lodged an unsuccessful appeal (defendants may file multiple writs but the right to appeal is limited to one). But filing a writ that simply mimics an unsuccessful appeal is a frivolous writ and will be dismissed immediately.
What is a writ of habeas corpus?
Defendants who want to challenge the legality of their imprisonment -- or the conditions in which they are being imprisoned -- may seek help from a court by filing an application for what is known as a "writ of habeas corpus.
A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. Many state constitutions provide for writs of habeas corpus, as does the United States Constitution that specifically forbids the government from suspending writ proceedings except in extraordinary times -- such as war.
Known as "the Great Writ," habeas corpus gives citizens the power to get help from courts to keep government and any other institutions that may imprison people in check. In many countries, police and military personnel, for example, may take people and lock them up for months -- even years -- without charging them, and those imprisoned have no avenue, no legal channel, by which to protest or challenge the imprisonment. The writ of habeas corpus gives jailed suspects the right to ask an appellate judge to set them free or order an end to improper jail conditions, and thereby ensures that people in this country will not be held for long times in prison in violation of their rights. Of course, the right to ask for relief is not the same as the right to get relief; courts are very stingy with their writs.
Potential Post-conviction Remedies
As discussed in this article, convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. The following list illustrates these steps. A defendant who loses at one may go on to the next step, all the way down the list (up the legal chain) in a process that can take many years -- especially for serious felonies such as death penalty cases.
This list is merely an illustration of possible post-conviction proceedings -- some of which may only be used in certain cases. Also, defendants usually must first have unsuccessfully sought relief through the available state remedies before they will be allowed to seek relief in federal courts. For these reasons and because of the complexities of these proceedings and what is at stake (liberty or life), defendants should consult counsel to determine which remedies are available to them.
Motion for Acquittal.
A request that the judge decide that there is not enough evidence to convict the defendant. Depending on whether the trial is before a judge or jury and depending on court rules, this motion may be made either after the prosecution presents its evidence or after all the evidence is presented.
Motion for a New Trial
Request that trial judge declare a mistrial and grant a new trial.
Appeal to State Appellate Court
Contends that trial judge made some legal error.
Petition for Rehearing to State Appeals Court
Requests that appeals court judges change their own decision.
State Supreme Court Appeal
Requests that highest court in the state review and overturn the decision of the mid-level appeals court.
U.S. Supreme Court Appeal
Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.
State Court Habeas Corpus Petitions
Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.
Federal Habeas Corpus Petition to District Court
Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.
Appeal of Federal Habeas Corpus Petition to Circuit Court
Requests the mid-level federal court to review the federal trial court's decision denying the writ.
Appeal of Federal Habeas Corpus Petition to U.S. Supreme Court
Requests the highest court in the land to review the mid-level federal court's decision denying the writ.
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