Typically, the Appellate Court will either uphold a conviction or reverse and remand (meaning the case goes back to the lower court for a new hearing on the merits).
reverse or remand
Typically, the Appellate Court will either uphold a conviction or reverse and remand (meaning the case goes back to the lower court for a new hearing on the merits).
Typically, the Appellate Court will either uphold a conviction or reverse and remand (meaning the case goes back to the lower court for a new hearing on the merits).
Typically, the Appellate Court will either uphold a conviction or reverse and remand (meaning the case goes back to the lower court for a new hearing on the merits).
They don't "reject" a lower court verdict per se, they can reverse a verdict and remand the case back to the lower court for corrective action based on points of law and rules of legal procedure.
They don't "reject" a lower court verdict per se, they can reverse a verdict and remand the case back to the lower court for corrective action based on points of law and rules of legal procedure.
The judgment is affirmed.
The judgment is affirmed.
It means that they have - AFFIRMED THE VERDICT OF THE TRIAL COURT.
The judgment is affirmed.
Yes, that is one reason there is an appellate court.
Here is one example to answer this question. A New York State appellate court can chose to review a case from a lower court or it let the verdict of the lower court stand. If it does agree to review a case where the defendant was found guilty in a lower court, then the case is returned to the lower court. The prosecutor can chose to re-try the case or decide not to. Allot of that decision depends on the reason the appellate has sent the case back to the lower court. If as example, the appellate has ruled that the defendent was not properly read his/her Miranda rights upon arrest, this cannot be corrected so the case most likely will be dropped.
Not all cases appealed to an appellate court are heard by the appellate court. In such cases the verdict delivered by the lower court of original jurisdiction will stand.