MADDvocate - Summer 2009 - (Page 21)

legally speaking n By  Josh Ross, Tarrant County DA’s Office, Fort Worth, Texas Appeals T he trial is over. The judicial process has held your offender accountable for the drunk driving crime you’ve suffered. You can breathe again—until you learn that the defendant is appealing. Although you’ve spent lots of time learning about the trial process, no one has explained the appellate system to you. You start worrying all over again. The Process of Appealing Understanding An appeal involves a higher court reviewing triallevel cases to make sure the laws of evidence and procedure were followed and applied correctly. Appellate courts generally review legal issues, not factual ones. Most people mistakenly think that an appellate court simply hears all the evidence again and arrives at a new or different verdict, but that’s not so. Usually a few months after trial, the defendant’s attorney will file a brief, or written argument submitted to a court, containing legal issues that the defendant wants to raise on appeal, with accompanying legal precedent (case law) supporting the argument. For example, the defendant’s attorney may have objected to some evidence admitted at trial. The brief would argue to the court that the admission of that evidence was not in compliance with the law, and because of its admission the case should be retried. The district attorney’s office will answer with another brief, and the appellate court will receive a transcript of the trial. Sometimes there are oral arguments, but many times appellate decisions are based on the record alone. Outcomes Vary The appellate process can be scary. Here’s what you need to know. defendant’s issue on appeal is correct, but still uphold the trial court because it was a “harmless error.” Minor errors rarely result in a reversal. Only prejudicial error (which would affect the outcome of the case) will overturn a conviction. Most prosecutors spend significant efforts developing evidence and testimony in trial that will withstand appellate challenges. Many appeals are an exercise in futility for a defendant. Additionally, many states’ rules require defendants sentenced to prison terms to remain jailed during the course of their appeal. Of course, some appeals can and do result in new trials. But trust that your prosecutor was well-prepared, thorough and meticulous when presenting your case. Stay involved as much as possible, so that you’re prepared for any possible outcome. Understand that the likelihood of a defendant winning an appeal is minimal. There are rarely any surprises at the appellate level that can jeopardize the original judgment. n summer 2009 | MADDvocate If the court decides there were no legal errors requiring a new trial, it will simply agree with the initial result. Sometimes the court may rule that a n 21

Table of Contents for the Digital Edition of MADDvocate - Summer 2009

MADDvocate - Summer 2009
Contents
In the Know
Court Reporting
Bonded by Love, Forever Apart
Searching for Greener Grass?
Painful Reminder
Legally Speaking
Healing Journey

MADDvocate - Summer 2009

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