Thursday, November 5, 2009

Appeals

After the trial and the sentencing there is one more possible step. The defendant can appeal the outcome of the trial. There may be various grounds on which a defendant can appeal the verdict. Some possible appeals include ineffective assistance of counsel, jury misconduct, improper evidence or possibly habeas corpus.

The possible appeals depends on the type of trial you had and what happened during the trial. An appeal can be a very long and tedious process. Once again this depends on the circumstances of the cases. Generally it is very hard to win an appeal.

Lastly, a defendant can appeal the verdict of the case while the prosecution can only appeal in very limited circumstances but in general the prosecution cannot appeal.

When a defendant appeals the verdict the general process is the appeal goes up to the State Court of Appeals, then to the State Supreme Court. If there is a federal issue the case could go to the Federal Court of Appeals and then to the U.S. Supreme Court. Given the number of appeals that are possible this process can be very lengthy, it can drag out for a number of years.

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