Appeal

Although this course if not specifically focused on appellate process, many of the cases we will read are the opinions that result from appeal of trial court decisions.

You should keep in mind the following general principles as you read cases this semester:

• The government typically cannot appeal from a loss at the trial court level due to double jeopardy protections.
• A defendant's win on appeal (reversal of the conviction) does not necessarily lead to an acquittal.
  • The case may be remanded for further consideration by a lower appellate court.
  • The case may be remanded for retrial or additional trial court hearings.
  • The case may be remanded for resentencing on some or all charges.
• After exhaustion of the state appellate process, defendants convicted in state courts may only appeal to the U.S. Supreme Court on matters of federal law (statutory and constitutional).