The Right to Appeal: Module 4 of 5

Summary

This module explores the right to appeal and appellate review of criminal convictions, detailing the standards and procedures courts use to evaluate lower court decisions. It explains the three main standards of review—de novo, clear error, and abuse of discretion—illustrating each with landmark cases. The content also covers the importance of preserving errors for appeal, the exceptions for fundamental and plain errors, and the role of habeas corpus petitions in challenging unlawful detention. Finally, it touches on relief pending review, highlighting circumstances under which a defendant may be released during the appeals process, emphasizing the nuances and safeguards in the appellate system.

Takeaways

• 📜 Defendants convicted of criminal offenses have the right to appeal their convictions or sentences, which is established by statute or constitutional provision.
• ⚖️ An appeal involves reviewing the lower court's ruling for judicial error, without considering new evidence.
• 🔍 To succeed on appeal, a defendant must prove both that the lower court ruling was erroneous and that it affected the outcome of the case.
• 📝 Judicial errors can include improper admission or exclusion of evidence, incorrect jury instructions, or unlawful post-trial sentencing.
• 🔹 De novo review is applied to legal questions and mixed law-fact issues, allowing appellate courts to examine matters as if for the first time.
• 🔹 Clear error review applies to factual findings, giving deference to the trial court unless a clear and obvious error occurred.
• 🔹 Abuse of discretion review applies to judicial decisions rather than verdicts, reversing only if no reasonable judge could have made the decision.
• 🛡️ Preserving error is crucial for appeal; attorneys must object timely and articulate the legal basis for their objection.
• ⚠️ Fundamental and plain errors are exceptions that allow appellate review even when the error was not properly preserved, usually in cases affecting fairness or substantial rights.
• 🕊️ Habeas corpus allows collateral attacks on detention, focusing on the legality of custody rather than guilt, and relief pending review may temporarily release a defendant during appeal under rare circumstances.

Q & A

What is the right to appeal and who has it?

The right to appeal allows a defendant convicted of a criminal offense to request a review of their conviction or sentence. This right is established by statute or constitutional provision.

What must an appellate court determine before hearing an appeal?

The appellate court must first determine whether the contested ruling qualifies for review and identify the proper legal standard to apply.

Does an appellate court consider new evidence during an appeal?

No, appellate courts do not consider new evidence. They review the lower court's ruling to determine whether judicial error occurred and if it affected the outcome of the case.

What is a judicial error, and can you provide examples?

Judicial error occurs when a court makes a legal or procedural mistake that affects the case. Examples include improperly allowing or excluding evidence, incorrectly instructing the jury, or imposing an unlawful sentence.

What are the three common standards of appellate review?

The three common standards are de novo review (examining the issue as if for the first time), clear error review (reviewing factual findings for obvious errors), and abuse of discretion review (reviewing judicial decisions for reasonableness).

When is de novo review applied and what does it involve?

De novo review is applied to questions of law and mixed questions of law and fact where facts are undisputed. The appellate court examines the issue independently without deferring to the lower court.

What is the purpose of clear error review?

Clear error review evaluates the factual findings of the trial court. The appellate court will only overturn a finding if it is obviously wrong, recognizing that the trial court is better positioned to assess evidence and witness credibility.

What does abuse of discretion review assess?

Abuse of discretion review applies to judicial decisions, such as motions, rather than verdicts. A ruling will only be reversed if no reasonable person could have made it.

How can a defendant preserve an error for appeal?

To preserve an error, the attorney must object **timely** in court and state the **legal basis** for the objection. If not preserved, the issue generally cannot be appealed, except in cases of fundamental or plain error.

What is habeas corpus and how does it differ from an appeal?

Habeas corpus is a collateral attack on a conviction or detention, challenging its legality rather than the defendant's guilt. It seeks release if detention is unlawful and can be filed against the custodian of the defendant.

What is relief pending review and when is it granted?

Relief pending review is temporary release during an appeal if the defendant demonstrates a high likelihood of success. Conditions such as posting bond or surrendering a passport may be required.

What is the difference between fundamental error and plain error?

Fundamental error is a rare judicial mistake affecting the case's foundation, ensuring a fair trial. Plain error is clear and obvious, affecting substantial rights, and may be reviewed even if not properly preserved.