Appeals Process
CJS 220
Axia University
October 23, 2011
Ann Meek

Appeals Process A defendant is normally sentenced after a court proceeding when they are found guilty. Courts are in place to get the facts and deciding the best course to take in each situation. An appeal is a proceeding where a case that was previously tried in a lower court system. A petition is entered to a higher court to review the lower court’s decision and to see if the legal procedures were correctly followed. (Meyer & Grant, 2003). The appeal process is time consuming and very lengthy. The appeal process request that the high court over turns the lower court’s ruling and they have to take all the information into consideration and make sure that every aspect of the previous trial was don’t legally. The appeal process normally happens when the defense or the prosecution is not happy with the lower courts verdict and sentencing. Since an appeal is not a new trial but a different way for the defendant to have evidence and material heard that might change the verdict. After a verdict and sentencing, the offender has a time frame to file for an appeal. The proper paper work, the court transcripts, and any other physical evidence that was used during the trial. (Meyer & Grant. 2003). Trial courts decisions are binding only on the parties to a particular case, and an appellate court decision serves as precedent that is legally binding on all lower courts within its jurisdiction (Meyer & Grant, 2003). Appeals are reviewed on the matter of law, not fact. (Meyer & Grant, 2003). This means that in order for an appeal, the defense or prosecution has to prove that the law was misapplied and proper procedure was not used during the court proceedings. The appellate court can only use the prior courts record not new evidence and use this information to see if