Deck 13: The Appellate Process

Question 1

Which of the following would not be grounds for a criminal appeal?

A) Evidence was allowed that should not have been.
B) Evidence was not allowed that should have been.
C) The jury was tainted by media coverage.
D) The jury made an incorrect finding of the facts.

Answer 1

D

Question 2

What type(s) of action might a postadjudication appeal address?

A) an involuntary guilty plea
B) a violation of the privilege against self-incrimination
C) denial of effective assistance of counsel
D) all of these

Answer 2

D

Question 3

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

A) The offender will receive a pardon.
B) The case will be sent back to the trial court for resentencing.
C) The offender will be retried.
D) The offender's conviction will be overturned.

Answer 3

B

Question 4

When is a defendant file likely to file an appeal?

A) immediately following the initial appearance
B) immediately following opening statements
C) prior to the closing statements
D) following adjudication

Question 5

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

A) during the presentation of evidence
B) immediately following the reading of the verdict
C) immediately following sentencing
D) never

Question 6

Why did some states create intermediate appellate courts?

A) increases in the number of appeals denied by state supreme courts
B) increases in the number of cases appealed from trial courts
C) decreases in the number of judges on state supreme courts
D) a mandate by the U.S. Supreme Court

Question 7

In 2014, most appeals from U.S. District Courts to U.S. Courts of Appeals involved what kind of cases?

A) sentencing appeals
B) challenges to the imposition of capital punishment
C) criminal matters
D) civil matters

Question 8

Under which of the following circumstances is a defendant allowed to file an appeal fafter adjudication?

A) Defense claims ineffective assistance of counsel.
B) Defense claims forced self-incrimination.
C) Defense claims the confession given was coerced.
D) all of these

Question 9

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

A) affirm
B) approve
C) retain
D) stand with

Question 10

If an appellate court rules in favor of the defense and decides to overturn the conviction, what happens next?

A) The defendant is acquitted and set free.
B) The case is sent back to the trial court and the defendant may be retried.
C) The prosecution is held in contempt of court.
D) The case is sent to the state supreme court or the U.S. Supreme Court.

Question 11

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

A) harmless error rule
B) hindsight standard
C) "Monday morning quarterbacking" rule
D) Eighth Amendment

Question 12

What is issued if the U.S. Supreme Court decides to hear a case?

A) a subpoena
B) a warrant
C) an appeal
D) a writ of certiorari

Question 13

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

A) all
B) almost all
C) about half
D) none

Question 14

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

A) almost all
B) about half
C) ten
D) none

Question 15

Most states refer to their court of last resort as the ______.

A) supreme court
B) court of appeals
C) court of criminal/civil appeals
D) intermediate court of appeals

Question 16

What precludes prosecutors from appealing a not guilty verdict?

A) the fair prosecution clause
B) the judicial clause
C) the double jeopardy clause
D) the appellate clause

Question 17

Who is allowed to appeal their case to the first level of the federal appellate courts?

A) defendants convicted of felonies
B) defendants convicted of homicide
C) defendants convicted of crimes in the U.S. District Courts
D) defendants convicted of constitutional offenses

Question 18

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

A) time period for filing the appeal
B) substance of the appeal
C) number of appeals
D) all of these

Question 19

Indigent defendants are afforded the right to counsel for how many appeals?

A) one
B) three
C) five
D) unlimited

Question 20

If a prisoner successfully appeals for habeas review, what happens next?

A) A trial is held to determine a new sentence.
B) The constitutionality of the confinement is reviewed by the court.
C) The case is sent to a lower court for retrial.
D) The prisoner is essentially set free.

Question 21

Under which court were habeas corpus rights expanded?

A) the Marshall Court
B) the Warren Court
C) the Burger Court
D) the Rehnquist Court

Question 22

The most recent trend in U.S. Supreme Court decisions regarding habeas corpus has been to ______.

A) restrict it
B) expand it
C) reform it
D) ignore it

Question 23

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

A) witness testimony
B) evidence presented at trial
C) jury deliberations
D) oral arguments by attorneys

Question 24

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

Question 25

In many states, defendants who plead guilty forfeit their right to appeal the conviction.

Question 26

The defendants' right to file an interlocutory appeal is very limited.

Question 27

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

Question 28

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

Question 29

When a person convicted of a crime appeals a conviction, he or she asks a higher court to examine the trial court's decisions to determine whether the proper procedures were followed.

Question 30

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

Question 31

As a general rule, most courts of last resort have discretion to accept or not accept cases appealed to them.

Question 32

Each state court of last resort is required to have nine justices.

Question 33

With the exception of the Ninth Circuit, each of the 13 Circuit Courts of Appeals is staffed by nine justices.

Question 34

The scope of appellate review is confined to questions of law, not findings of fact.

Question 35

Only incarcerated offenders have the right to file a petition for a writ of habeas corpus.

Question 36

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

Question 37

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.

Question 38

Justices who disagree with the decision of an appellate court are allowed to write "dissenting" opinions.

Question 39

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

Question 40

Explain common types of convictions among those who challenge a conviction.

Question 41

Explain the significance of Cohen v. Beneficial Industry Loan Corp (1949).

Question 42

What are two issues a postadjudicatory appeal may address?

Question 43

Describe interlocutory appeals.

Question 44

Explain the design of the harmless error rule and the ruling on this topic by the U.S. Supreme Court.

Question 45

Describe who can seek a writ of habeas corpus.

Question 46

Discuss the group decision-making process of appellate court judges.

Question 47

Explain why it is that the prosecution is allowed to appeal a judicial decision before a verdict is read? What would happen if prosecutors were only allowed to appeal when the defense is allowed to appeal?

Question 48

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.

Question 49

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

Question 50

How does habeas corpus work? How does the habeas process differ from the appellate process?

Question 51

Recent decisions by the Supreme Court have restricted the ability of state prisoners to use habeas corpus to secure federal court review of their convictions and sentences. How have these decisions restricted that right?