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Generally, an appeal is
a review of a lower court's decision by a higher level court. The
defendant has a right to appeal in a criminal case. The defendant
must file within a required time period to preserve the defendant's
right to appeal. In order to preserve the issue for the appeal,
a proper motion or objection must be made at the lower court level
unless the error is either plain or fundamental error.
The appellant
is the party seeking review by the appellate court of the error(s)
in the lower court. The opposing party is the appellee. The appellant
must file the initial brief within a specific time period. A brief
is the legal document which states the issue(s) appealed with supporting
facts and law. Once the brief is served on the appellee, the appellee
must file a brief in response within a specific time period. Then,
the appellant may file a brief in reply to the appellee's response
within a specific time period. If the appellate court feels that
oral argument will aid in the decision making process, then oral
argument may be heard. Generally, a three judge panel will rule
on the issue(s). In rare instances, the Supreme Court will grant
review of an appellate court's decision.
An appeal can
become very expensive for the client. Before appealing a court's
decision, the criminal defense attorney should discuss with the
client whether there would be a practical benefit to initiating
an appeal.
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