Being convicted of a crime can be a life-altering event, potentially leading to a lengthy jail sentence and a loss of freedom. However, a conviction is not necessarily a proverbial death sentence and the end of the path in the pursuit of justice. The legal system provides an avenue for defendants to challenge their convictions and potentially have their judgment overturned.
A defendant must have the right to appeal their case to a higher court. This requires that they demonstrate sufficient grounds for doing so. In this article, we will explore common acceptable grounds for criminal appeals, allowing defendants the opportunity to potentially alter the outcome of their case.
Legal Errors
A criminal appeals lawyer such as the ones at Garland, Samuel & Loeb may appeal their client’s case due to a legal error being made by the trial court. Legal errors typically include the following:
- Misapplication of the law: A legal error may be due to a misapplication of the law, known as an error of law. This is where the defendant claims the trial judge misinterpreted or misapplied the law when deciding their case.
- Improper admission of evidence: This is where the lower court admitted evidence that should not have been admissible or improperly excluded evidence.
- Wrong instruction to the jury: Here the trial judge provided the jury with incorrect or misleading instructions which may have led to an unfair or wrong verdict being passed.
To succeed on the grounds of legal error a defendant must show that the error was prejudicial to the outcome of their case.
Insufficient Evidence
Under this ground, a defendant may argue that the prosecution failed to submit sufficient evidence to support a guilty verdict, beyond a reasonable doubt.
Juror Misconduct
A criminal conviction may be appealed on grounds of improper juror conduct during the trial. This includes the following:
- Prejudice or bias: This is where a juror exhibits prejudice or bias against a defendant during their trial.
- Outside exposure: This refers to external factors, such as media coverage about the trial or conversations with third parties who are not involved with the case, which could influence a juror’s decision.
- Failure to follow instructions: A juror may have failed to follow the judge’s instructions, for example, by considering evidence that was excluded or ignoring the presumption of innocence.
Abuse of Discretion
Judges in criminal trials have a wide range of discretionary power which they often exercise when making a ruling. Upon an appeal, a defendant may claim that the trial judge abused their discretion on the basis that it was ‘clearly unreasonable, erroneous, or arbitrary and not supported by the facts or law in the case.’
Ineffective Assistance of Counsel
This ground for appeal is based on a defendant's Sixth Amendment right to counsel and adequate representation. A successful appeal will uphold the defendant’s claim that their right to a fair trial was violated. However, to succeed on this ground they must demonstrate that their criminal defense lawyer’s ineffectiveness undermined their case and adversely affected its outcome.
A defendant who has sufficient grounds to appeal their case on one or more of these grounds has the potential to have their verdict overturned.
