Stephen R. Leffler Criminal Law Blog on Lawyers.com

Memphis Criminal Laws and Understanding the Appeal Process

Thursday, June 10, 2010 by Stephen R. Leffler

The losing party in any legal battle involving federal courts normally has the right to appeal the decision to the federal court of appeals. Judicial review in some cases that involve specific agencies or programs can first be obtained in a district court rather than by progressing directly to an appeals court.

When the case in question is a civil case, either side can appeal the verdict. However, in criminal cases, such as a Memphis criminal defense, only the defendant can appeal a guilty verdict. The government has no right to appeal a verdict of not guilty. Either side in a criminal case has the right to appeal regarding the sentencing imposed following a guilty verdict.

Many bankruptcy courts in the United States also allow appeals of rulings by bankruptcy judges to be filed with the district court. Many courts of appeals have established what is known as a Bankruptcy Appellate Panel, which consists of three bankruptcy judges who hear bankruptcy-related appeals. Whichever party loses the initial decision in a bankruptcy-related case has the right to appeal that decision.

Someone who files an appeal is known in legal terms as an appellant, and is legally obligated to demonstrate how the trial court or administrative agency that made the original ruling in a case made a legal error that affected the decision. The appeals court then makes its decision based on the case record established by the trial court or agency. No additional evidence may be presented, and no additional witnesses may be heard.

A court of appeals may also review factual findings of the original trial court or agency, but in many cases the court will only overturn the original decision on factual grounds, and then only if the original findings were clearly incorrect.

Criminal defense in Memphis

If you live in Tennessee and believe you need help from criminal defense attorneys in memphis or personal injury lawyer, contact the Law Office of Stephen R. Leffler, PC today.

Law Office of Stephen R. Leffler, PC - criminal law firms in memphis
707 Adams Avenue
Memphis, Tennessee 38105

Posted at 12:56 PM

Topic: Criminal Law