The purpose of an Appellate Court, or intermediate court, is to consider an appeal of the decision of a lower trial court. For a defendant, the purpose is to show that an error was made during the initial defense trial. Examples of common errors in criminal defense cases are often evidence based. Examples include: lack of evidence sufficient to convict, evidence that was denied, improperly admitted, or a failure to suppress evidence. As a general rule, an appellate court may only consider evidence that was available to the trial court. It is also important to note that an appellate court will generally only consider issues that were objected to and raised at trial. Other common errors are improper jury selection, prosecution misconduct, and ineffective assistance of counsel.
Another type of appeal is what’s called an interlocutory appeal. This is when a defendant makes an appeal before the end of a trial. This requires a certificate of immediate review from the trial judge, and acceptance from the appellate court.
The limitations of an Appellate Court are determined by the appellate jurisdiction—the power of the court to review previous rulings and change decisions of lower courts. This varies by state and the corresponding rules associated with the Appellate Court. In Georgia, there are two categories for appeal: either as a matter of right, or if the Court of Appeals accepts the appeal under discretionary review. The Georgia Appellate Court hears appeals in all cases not involving:
-Election Contests
-Extraordinary remedies
-Construction of Wills
-Divorce and Alimony
-Habeas Corpus
-Land Title Disputes
-Murder
-Questions about the Constitutionality of Statutes
-Cases in which original appellate jurisdiction lies with the superior courts
In 1996, Georgia approved the increase in number of sitting justices on an Appellate Court to 10, thus changing the decision process. Appeals are usually heard by three randomly assigned justices, known as a panel. If all three Judges on a panel concur in the ruling, then the ruling becomes binding on all courts in Georgia except the Supreme Court, the highest court. If one member of the panel agrees with the result, but not the reasoning behind it, the ruling is considered “physical precedent only.”
Another type of appeal is what’s called an interlocutory appeal. This is when a defendant makes an appeal before the end of a trial. This requires a certificate of immediate review from the trial judge, and acceptance from the appellate court.
The limitations of an Appellate Court are determined by the appellate jurisdiction—the power of the court to review previous rulings and change decisions of lower courts. This varies by state and the corresponding rules associated with the Appellate Court. In Georgia, there are two categories for appeal: either as a matter of right, or if the Court of Appeals accepts the appeal under discretionary review. The Georgia Appellate Court hears appeals in all cases not involving:
-Election Contests
-Extraordinary remedies
-Construction of Wills
-Divorce and Alimony
-Habeas Corpus
-Land Title Disputes
-Murder
-Questions about the Constitutionality of Statutes
-Cases in which original appellate jurisdiction lies with the superior courts
In 1996, Georgia approved the increase in number of sitting justices on an Appellate Court to 10, thus changing the decision process. Appeals are usually heard by three randomly assigned justices, known as a panel. If all three Judges on a panel concur in the ruling, then the ruling becomes binding on all courts in Georgia except the Supreme Court, the highest court. If one member of the panel agrees with the result, but not the reasoning behind it, the ruling is considered “physical precedent only.”
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