THE APPEAL PROCESS

WHO ARE THE PARTIES

• The losing party in a decision by a trial
• In a civil case either side may appeal the verdict
• In a criminal case the government cannot appeal a “not guilty” verdict.
• A criminal case, the defendant may appeal their conviction and also the sentence

APPELLANT

• The party who files an appeal, known as the appellant.
• Appellant: is the party defending against an appeal
• Must show that the trial court made an legal error that affected the case

APPELLEE

• The party defending against the appeal, known as the appellee
• Appellee: the party defending against an appeal
• submits a brief arguing why the trial court was correct in its decision
• Also submits why any error was not significant enough to affect the outcome of the case
• Appeals are decided by panels of three judges

ORAL ARGUMENT

• Court of appeals does not receive additional evidence or hear witnesses
• The judges make their decision based on the written record of the case in the trial court briefs submitted by parties
• some cases are decided on the basis of written briefs alone
• many cases are selected for an oral argument before the court
• Oral argument in the court of appeals is presented by lawyers for both sides

THE OPINION OF THE COURT

• The decision is not announced at the time of oral argument
• One of the three judges will then write the formal opinion of the court
• uphold, or affirm, the lower court decision, so the lower court decision would stand
• Overturn the lower court decision, in effect granting the appellants wishes

REHEARING EN BANC

• Re-hearing by all of the judges of the court of appeals in that circuit rather than by the 3judge
• The court of appeals can grant or deny the request for re-hearing en banc.
• the original opinion of the three judge panel is vacated and removed from the record
• the new opinion of the court en banc will take its place

THE U.S. SUPREME COURT

• The court of appeals’ decision is most often the final word in the case.
• The United States Supreme Court, the highest court in the nation
• If the U.S. Supreme Court grants cert it has agreed to hear your case.
• If the Supreme Court does not take the case, the decision of the court of appeals stands
• A Justice may join in the majority opinion, or may write a concurring opinion.

The U.S. Supreme Court

• All Justices who hear the case will discuss it and vote on the decision
• A Justice may join in the majority opinion, or may write a concurring opinion.
• Justices may join in the dissenting opinion, or may write their own dissent
• A tie would only happen if an even number of Justices participated due to illness or recusal.

FEDERAL CRIME

• Bank robbery
• Kidnapping
• Fraud
• Using a fire arm to commit a crime

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