Appeals Process
Tammie Matthews
CJS 220
October 12, 2012
Thomas Lawrence

Appeals Process An appeal allows a defendant, found guilty in the lower court, the opportunity for review by an alternate court initialized by filing a claim stating that the trial court committed legal errors impacting the outcome of the case. Grounds for an appeal may include insufficient evidence, a violation of rights, or even possible mistakes made by the judge or the jury (Lawfirms.com, 2012). In order for an appeal to proceed, the appellate court must determine that the appellant (the party bringing the appeal) has the legal right to bring the case and whether the appellant has standing, meaning that the appellant has a legally recognizable interest in the case. The party opposing the appeal is called the appellee. Once the appellant files the notice of appeal to the court, both the appellant and appellee each file a brief which outlines the basic facts of the case, the argument made by the party filing the brief, and lists cases serving as supporting precedents (Meyer & Grant, 2003). Appeals are integral to criminal procedures and processes. Some types of appeals include the direct appeal, discretionary appeal, and interlocutory appeal (University of Phoenix, 2011). A direct appeal is filed when the consequences of errors are significant enough that the appellate courts are mandated to review them; such as a judge excluded evidence that may have helped the defendant. A discretionary appeal is filed by the appellant based on specific errors in a case such as laws improperly applied to the facts of the case. The interlocutory appeal is filed when a judge’s decision impacts the case in progress that, to wait to the end of the trial, would significantly violate or damage the case. This appeal type is used in pending cases for divorces, alimony, or child