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He or his attorney writes a plea to the Court of Appeals citing what they believe to be some reversible error in the original trial and give legal cites and reasoing for having it thrown out or re-considered.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoFirst of all; Only a convicted defendantcan appeal a case to the appelate court. The description, "accused person," implies that the individual has not yet been to trial and found guilty. If you have not yet been tried and want another court to hear your case, you must make a motion for a "change of venue."
If you are a convicted defendant and want to appeal your case you must file an appeal with the appelate court for the circuit which originally tried you, stating the legal reasoning behind your appeal. The appeals court will consider your case to determine if it has any merit, if they DO find merit they will hear the case and render their ruliling which may, or may not, help you.
Wiki User
∙ 12y agoYou can't appeal just because you don't like the ruling; you have to have grounds for an appeal. Assuming that the defendant has such grounds, then yes, they can appeal to a higher court.
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A court case can only be appealed if?
A court case can only be appealed if the Court of Appeals agrees to hear the case.
Appellate courts is for cases that are being?
appealed to a higher court.
What is the last court in which a case may be appealed?
That would be the Supreme Court.
Why can court discision be appealed?
A court decision can be appealed because the court or the attorneys could have made a mistake in the representation of the defendant or in the presentation of the case. Because court cases are tried by humans who make mistakes, they can be appealed.
How does a case proceed form the trial courts to the supereme court?
The case is tried in a trial court - If the outcome is not satisfactory to one of the parties to the case, it may appealed to the Court of Appeals. The Appeals Court will review the case and IF THEY WISH TO ACCEPT IT for review, they will consider the case and render a decision on the question contained in the appeal. If that appeal is not satisfactory to one of the parties in the case, that ruling may be appealed, yet again, to the Supreme Court. If the Supreme Court chooses to accept the case, they, too, will hear the case and render a decision. The Supreme Court's decision is the final word and there is no higher appeal.
Why can court decison appealed?
So you can have your case heard in a higher court. They won't look at a case unless a decision was made in a lesser court and usually do not reverse the decision but you could appeal up to the Supreme which rarely takes any cases.
Can you have a conviction overturned because of a bad lawyer?
If the case is appealed to a higher court (i.e.: the Court of Appeals) and it agrees with your assertion, the verdict wouldn't necessarily be overturned, but you could get a re-trial.
If a Texas judge issues a Bill of Review on a case can it be appealed in an appellate court?
No, only trial decisions can be appealed.
If the supreme court does not rule on an appeal case what is the result?
The decision then remains what it was when appealed to the Supreme Court.
What happens to a case that is appealed but never heard by a judge?
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.
Can there be an appeal from a federal court?
The highest court is the Supreme Court, but not all cases can be appealed to the Supreme Court; it depends what kind of legal issues are involved. Otherwise, the case can be appealed to a Federal Appeal Court. If you can afford the legal fees, of course.
Is a decision given by a court binding on an inferior court?
The decision of the court is ALWAYS binding on everyone, unless it is appealed to a higher court which may overturn the decision.
