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What else can I help you with?
What court does a case go to if new evidence is found?
It goes back to the original court after a motion for a new trial has been filed and granted.
Can evidence not be shown in a trial?
The two main ways evidence would not be shown (admissible) in trial is 1. If the evidence is found to have been obtained by illegal means and the attorney (defense or prosecution) challenges its use in court. 2. The prosecution or defense intentionally or unintentionally fails to disclose articles of evidence during a criminal trial. Which by the way, is illegal.
Whats the difference between a trial court and a appellate court?
USUALLY A TRIAL COURT IS WHEN SOMEONE IS TAKEN TO COURT FOR SOME REASON OR ANOTHER. THE APPELLATE COURT IS WHEN YOU WANT TO APPEAL A DECISION THAT WAS MADE BY THE JUDGE A trial court hears testimony, examines evidence, rules on the admissibility of evidence and objections of trial counsel, issues a judgment on the case, and imposes sentence or penalties/awards. A trial court may also impanel juries and give them instructions for deliberating. An appellate court only reviews the decisions of lower courts, which include trial courts and in some cases lower appellate courts. They do not hear testimony or examine new evidence. They only review the record of the lower court, and may hear oral arguments from the attorneys involved in the appeal. An appellate court may uphold the decision of the trial court, or return the case to the trial court for reconsideration or a new trial.
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence then where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
Can appellate courts take new cases that have never been tried before?
No, an appellate court may not hear new evidence. The power of the appellate court is strictly to review the record of the trial court to determine whether any errors that would affect the outcome of the case were committed. If the appellate court felt that there was insufficient evidence to support the trial court judgement, it will reverse the judgment rather than call for new evidence. If the appellate court feels that evidence was improperly excluded from the trial, it could reverse the trial court decision and remand it for a retrial with a direction that the new evidence be admitted on rehearing. IN either event the appellate will not act as a trial court and hear new evidence.
What does an appellate court do with a case, and how does it differ from the actions taken by a trial court?
An appellate court reviews decisions made by a trial court to determine if any legal errors were made. It differs from a trial court in that it does not hear witnesses or new evidence, but rather focuses on the legal arguments and procedures used in the original trial.
What is the trial stage of the juveile court process?
The trial stage in juvenile court involves presenting evidence and arguments to support the case. The judge hears the evidence, considers relevant laws, and makes a decision on the juvenile's guilt or innocence. If found guilty, the judge will determine the appropriate sentence or disposition for the juvenile.
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
How do I submit evidence for a judge trial for traffic court?
Take it with you. The judge will ask you questions and, if you need your evidence, show it to him then.
Which term refers to an official examination of available evidence in a court of law?
The term you are looking for is "trial." During a trial, evidence is presented and examined to determine the guilt or innocence of the accused.
When is circumstantial evidence not admissible in court?
To start, much of the evidence must be backed up with factual evidence, so that the circumstancial evidence is minimal.
Can the lower court refuse to send inmate photographs used at trial as evidence against them?
Evidence presented in court is not retained by the court. After the trial is concluded it is returned to the agency (agencies) that supplied it. If you need access to any of it you will have subpoena the agency to release them. If the case is still on-going (in trial, under appeal, etc), evidence in an ongoing case is never released. Your defense attorney had access to the same material, have you checked with them?
