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If the defendant in a criminal case, or a plaintiff in a civil case, believes that their original trial was flawed in some manner, they may appeal it to the next higher court (i.e.: The Court of Appeals) and ask for a review.

An appeals court is not automatically required to review the case, but if they do, they will scrutinize the original case for possible errors in applying the law or in judicial procedure and issue a ruling either affirming the verdict ((.e.: the original verdict stands) or sending it back for re-trial or overturning it altogether.

If the defendant/plaintiff is not happy with the finding of the Appeals Court they may once again appeal, this time to the to the Supreme Court, where the process begins anew. The procedure is the same whether it is in the State circuits or the Federal circuits

It should be noted and emphasized that, the only court in the process that actually conducts a trial is the court of original jurisdiction. The Appeals Court and the Supreme Court both conduct "en banc" hearings (i.e.: judges only).

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14y ago

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