What Happens Next? Understanding the Appellate Court Process.

The appellate court plays a critical role in the judicial system by allowing individuals to challenge trial court decisions. Understanding the appellate court process is paramount for individuals involved in criminal cases who seek to rectify unfavorable outcomes and strive for a more just and fair resolution.

Our Des Moines team at Branstad & Olson handles criminal appeals. Schedule a consultation by contacting us at (515) 329-3100.

Understanding the Basics of Appeals

In the appellate court, matters concerning challenges to trial court decisions are heard and deliberated upon. Unlike the trial court, which is responsible for examining evidence and making determinations based on facts, the appellate court focuses on a different aspect of the case—reviewing the court record and previously presented evidence.

When comparing trial and appellate courts, it becomes evident that criminal appeals follow a distinct set of rules. First and foremost, the appellate court's review is limited to the existing court record; no new evidence is presented during the appeal process. This stands in contrast to a traditional retrial, where new evidence can be introduced to potentially alter the course of the case.

Furthermore, while a trial court engages in the meticulous examination of evidence, allowing a judge or jury to weigh its credibility, the appellate court takes on a different role. Its primary task is to scrutinize the legal proceedings that unfolded during the original trial, determining whether any significant legal errors that may have influenced the outcome occurred.

The appellate court is not engaged in reevaluating facts or re-litigating the case. Instead, it focuses on assessing the application of the law in the original trial, ensuring that no legal errors unduly affected the outcome.

Initiating the Appeal

Several steps are involved in starting an appeal, including identifying the grounds, meeting filing deadlines, and preparing briefs.

The Grounds for Filing an Appeal

An appeal must be based on egregious legal errors significantly affecting the case outcome.

These errors can include the following:

Improper admission or exclusion of evidence: If the judge mistakenly allowed or excluded evidence during the trial, that may form a basis for appeal.
Insufficient evidence: When the evidence presented during the trial fails to establish guilt beyond a reasonable doubt, it can be argued as grounds for appeal.
Ineffective assistance of counsel: If the defense attorney's performance falls below the standard of competence, it can be raised as an issue on appeal.
Prosecutorial misconduct: Any misconduct or unethical behavior by the prosecution that potentially influenced the trial's fairness can be brought forward in an appeal.
Jury misconduct: If the jury engaged in behavior that compromised the defendant's right to a fair trial, such as conducting independent research or engaging in improper deliberations, it can be raised as an issue on appeal.
Misapplication of the law: If the trial court misapplied the law in a way that affected the case's outcome, it could be challenged on appeal.
Sentencing errors: If errors were made during the sentencing phase, such as an incorrect application of sentencing guidelines or a failure to consider mitigating factors, they could be raised as grounds for appeal.

Deadlines for Filing an Appeal

Understanding the timelines and deadlines for filing an appeal is crucial to ensure that the process is initiated on time. In simple misdemeanor cases, individuals may notify their intent to appeal when the judgment is entered. Alternatively, they can send written notice within 10 days of the decision.

In more severe cases, individuals must file a written notice of appeal within 30 days of the judgment being filed. It is essential to adhere to these deadlines to preserve the right to appeal and proceed with the appellate court process.

Preparing and Submitting a Brief

The appellate brief is the most essential document in an appeal. It is the primary means of presenting the appeal to the appellate judges. Preparing an effective brief requires highlighting the legal errors that affected the case and clearly articulating the appeal's reasons.

The appellate brief must be compelling and well-crafted since it forms the basis on which the appellate judges will largely base their decision.

The brief should:

Outline the legal arguments
Cite relevant case law
Present a persuasive case for why the lower court's decision should be overturned
Specify the remedy sought by the appellant, whether it is a new trial, acquittal, or a new sentence

Presenting Oral Arguments

Not all appeals have oral arguments. Most are decided without them. While the appellate court thoroughly reviews the submitted briefs and records, they may determine that a hearing is unnecessary to resolve the matter.

The appellate court carefully considers the nature of the appeal to determine whether an oral argument is warranted. Oral arguments are more likely to be held in appeals that involve complex facts or intricate legal issues. In such cases, the appellate court recognizes the value of allowing the lawyers to present their arguments in person and engage in a dialogue that can enhance the court's understanding of the matter.

When an oral argument is scheduled, the lawyers representing each side can discuss the facts and legal principles presented in their respective briefs before the appellate judges. This provides a platform for them to further clarify and expound upon the arguments made in the written submissions.

During the oral argument, the appellate judges may actively participate by asking probing questions. These questions seek clarification on specific points, challenge the arguments presented, or elicit further insights from the attorneys. This interactive exchange allows the judges to delve deeper into the issues and better understand the case.

The Appellate Court Decision

When an appeal is brought before the appellate court, several factors come into play during the review process.

The appellate court carefully examines various elements to reach a decision. These factors include:

Trial court processes: The appellate court assesses the procedures followed in the trial court, examining whether the trial was conducted fairly and following the applicable rules and regulations.
Legal errors that occurred: The appellate court scrutinizes the arguments presented by the appellant, focusing on identifying any legal errors that may have influenced the trial court's decision. It considers whether these errors significantly impacted the outcome of the case.
Arguments made in briefs: The appellate court pays close attention to the arguments articulated in the appellate briefs submitted by both the appellant and appellee. It carefully evaluates the legal principles, precedents, and reasoning presented to determine their validity and persuasive power.

Several potential outcomes can emerge after the appellate court's review and deliberation. These outcomes aim to rectify any errors or injustices that may have occurred during the trial court proceedings.

The possible outcomes of the appellate court decision include:

Reverse the conviction and dismiss charges
New trial
Send the case back to the trial court with modifications or orders to reconsider the facts

Seek Legal Counsel to Navigate the Complexities of the Appellate Court System

Legal counsel can provide invaluable guidance and support, ensuring that individuals fully understand their rights, the procedural requirements, and the potential outcomes of the appellate court process. At Branstad & Olson, our expereinced criminal defense attorneys can help individuals prepare compelling appellate briefs, present persuasive oral arguments, and advocate for their best interests before the appellate court.

Contact Branstad & Olson in Des Moines at (515) 329-3100 today.