No, never at the appelate level.
a trial court of limited jurisdiction
The intermediate appellate court is the US Court of Appeals Circuit Court that has jurisdiction over the US District Court where the case was tried.For example, a federal felony case in New York City would start in the US District Court for the Southern District of New York and could later be appealed to the US Court of Appeals for the Second Circuit, the intermediate appellate court with jurisdiction over that District.
The United States Sixth Circuit Court of Appeals in Cincinnati requires attorneys to check in by 8:30 a.m., with the arguments to start at 9 a.m.
In the lowest level of your state's court system - known by different names in different states (i.e.: District Court - Circuit Court - Superior Court).
All court cases start at the "Original jurisdiction" level. This level is where most cases originate from and are carried out. If either the plaintiff or defendant does not like the way the court ruled at the original level they can take it to the appellate courts. At this level they re-appeal their case to a different judge and jury. They also have the option of taking their case to the Supreme Court. The reason why we have three levels is because every level has its own necessary job. The Supreme Court hears cases and determines constitutionality. The appellate court is for appeals and the original courts are where cases are first heard.
According to Article 3 of the U.S. Constitution, no other court has appeal authority over the Supreme Court. "In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact..." The Congress, if it doesn't like a ruling, can try and pass legislation (laws) that will have the affect of overruling a Supreme Court decision, but it takes a long time (usually) and is not always successful. The Supreme Court could still declare the new law unconstitutional.
There are three major differences between trial-level courts and appellate-level courts: witnesses and exhibits, judges, and juries. Trial courts are the courts where cases start. In the trial court, both sides present evidence to show their version of what happened. Most of the evidence presented in the trial court comes from witnesses (people who answer questions relating to the case) and exhibits (items and documents connected to the case, such as pictures, clothes, weapons, papers, etc.). However, in the appellate courts, there are no witnesses, and no evidence is presented. In appellate courts, the lawyers simply argue legal and policy issues before the judge or a group of judges. In the trial courts, the lawyers present evidence and legal arguments to persuade the jury in a jury trial or the judge in a bench trial. The second difference between the two courts is the judges. In trial courts, there is one judge in the courtroom. That judge decides what evidence can and cannot be used and often decides the outcome of the case. In most jurisdictions, appeals are decided by more then one judge. The last major difference between the trial courts and the appellate courts is the role of the jury. A jury is a group of citizens who listen to the facts and make decisions about the case. A jury is sometimes used in trial courts to help decide the case. In a criminal trial, the jury decides whether a person is guilty or not guilty. A criminal trial involves the government (the state of Indiana, for example) bringing charges against someone who committed a crime, such as robbery, murder, or drunk driving. In a civil trial, the jury decides whether a person is liable (legally responsible for damages) or not liable (not responsible). Individuals or companies who cannot settle a dispute file a document called a complaint to start a civil trial. Divorce, car accidents, and traffic violations are some of the most common types of civil cases. There can be a jury in either a civil or criminal trial. However, there is no jury in the appellate courts. Appellate judges determine the outcome of all appeals. A big misunderstanding about the appellate courts is that they simply rehear the case over again, evidence and all. But the truth is that appellate courts do not rehear the facts of the case. Appellate courts focus on questions of law, NOT on questions of facts like the trial courts. The appellate judges want to know whether the law was applied accurately. The appellate court overrules a trial court decision only if a very important legal error was made in the trial court. In some cases, the appellate court judges might believe that the outcome of the trial court should have been different, but if no legal errors were made, they will not overrule the lower court. The appellate judges make their decisions based only on legal arguments of how the law should be applied and interpreted.
In the state system, the highest appellate court is the State Supreme Court (or equivalent); In the federal systemAND overall, the highest court is the US Supreme Court.The courts work in two systems, the state courts and the federal courts. The state courts start off in the local trial level court, followed by the state court of appeal, and then to the state supreme court. The federal system works in regions. At the top you have the U.S. Supreme Court, which is in domination over the 11 circuit courts of appeal, which split up the U.S. and its territories. Each Circuit Court has domination over a number of District Courts, which is the federal trial level court.Thus, since the federal courts are in regions, there may not be a circuit court of appeals in every state, which makes it possible to only have a federal district (trial) court in a state. If your state is the resident state for the federal circuit court, (like California has the 9th Circuit), then you will have both. Only Washington DC has all three federal levels of the courts in its borders.Even if your Circuit Court is in another state, you still have access to the Court for appellate purposes.AnswerIt should be noted that the terminology varies slightly from state to state, though the basic structure (local trial courts, regional appellate courts, statewide supreme court) is generally the same.For example, in New York, the trial courts are called the "Supreme Court," while the state's highest appellate court (normally called the Supreme Court in the federal system, and most state systems) is called the "New York State Court of Appeals."I suspect they do this to confuse law students.
In Georgia the statute of limitation on a misdemeanor is 2 years. If the person is not in the state, the statute does not run. If the crime hasn't been discovered, it doesn't start the clock.
1.The authority of a court to be the first to hear certain cases. 2. The right to hear a case for the first time in forever. "Jurisdiction" is the right, power, or authority to administer justice. "Original jurisdiction" is applicable to courts that have the right to be the first to hear the case, such as trial courts. he two most basic types of jurisdiction are original jurisdiction and appellate jurisdiction. "Appellate jurisdiction" is applicable to courts that have the right to review decisions from lower courts.
As dumb as it may sound - I'd start with a good attorney - that's what they do.
The US District Court