Exam 13: The Appellate Process

A defendant appeals his conviction on the grounds that evidence used at trial should not have been admitted. The appellate court agrees with the defendant; however, they hold that the defendant's conviction will not be overturned. How is this possible? Give and explain an example.

Interlocutory appeals are filed after the announcement of the final judgment in the case.

Every criminal defendant has the right to appeal his or her case to the U.S. Supreme Court.

A defendant's right to appeal is limited by which of the following?

Why did some states create intermediate appellate courts?

What information does an appellate court judge use to make a decision?

When is a defendant file likely to file an appeal?

After adjudication, a defendant can appeal on the grounds that evidence used at the trial was discovered as a result of an unlawful arrest.

Describe interlocutory appeals.

Assuming the sentence falls within statutory limits, how many states allow for appellate review of noncapital sentences?

Explain why it was that the Founding Fathers felt the right to habeas corpus was so important and how it applies today.

States must provide attorneys to assist indigent defendants wishing to file a habeas corpus appeal.

In contrast to appeals filed prior to adjudication, appeals filed after adjudication are subject to fewer restrictions.

Of the states that impose capital punishment, how many provide automatic appeal of that sentence?

Describe what happens when a person convicted of a crime appeals a conviction.

At which of the following points in the trial can a prosecutor appeal a decision made by the judge?

An appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the ______.

Which of the following is the term used by the appellate court when upholding a lower court's decision?

An offender convicted of a crime in a state or federal court files an appeal with an appellate court in the system (state or federal) where the case was tried.

What happens if an appellate court vacates an offenders' sentence?