Criminal Appeals

• NCJ Number: 73224
• Journal: Columbia Human Rights Law Review Volume: 9 Issue: 2 and V 10, N 1, double issue Dated: (Fall-Winter, 1977-78, Spring-Summer 1978) Pages: 191-233
• Author(s): D D Dixon
• Date Published: 1978
• Length: 43 pages
• Sale Source: UMI Dissertation Services
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This article for New York prison inmates on the appeals process covers appeals procedures, special problems in taking appeals, preparing and filing motions, obtaining help from an attorney, and continuing an appeal to a higher court.

Abstract

In a criminal appeal, convicted offenders take their cases to a court empowered to review trial court decisions, claiming the conviction or sentence is improper because of legal mistakes made during the trial. Everyone convicted in New York has the right to one appeal from judgment, sentence, or certain court orders, to an intermediate appeals court. A second appeal is permitted only under certain cirumstances. Further discussion covers the importance to a successful appeal of protesting errors during the trial, filing procedures, and possible appeals arguments. Before making their appeals, the defendants can ask the court to appoint an attorney for them, grant bail, and stay judgment pending appeal. Discussion delineates the factors judges consider in setting bail. Special appeals problems elaborated include failure to appeal within the allotted time, obtaining time extensions to file, and circumstances under which the plaintiff may appeal a judgment favorable to the defendant. Discussion of preparing and filing appeals motion papers covers information to be included, how to request a lawyer from the court, and how and where to file. Finally, if the first appeal to an intermediate appeals court is denied, the defendant must get permission from the courts to appeal to New York's highest court of appeals. However, it is not usually granted unless the court deems the issues in the case important or if the first appeals decision involved illegality. Appealing to the U.S. Supreme Court is also discussed. Footnotes, sample appeals papers, and a list of New York appeals courts are provided.