Understanding the distinction between a trial court and an appellate court is crucial when navigating the legal system. While a trial involves presenting evidence, witness testimony, and a trial judge’s rulings on legal matters, an appeal focuses on reviewing whether legal errors occurred during the trial.
What Happens in a Trial?
A trial takes place in either a state trial court or a federal district court, where a single judge presides over the proceedings. Depending on the case, a judge or jury determines the outcome based on the facts of the case.
- In criminal cases (including misdemeanors and felonies), the prosecution must prove the defendant’s guilt beyond a reasonable doubt before a jury can convict.
- In civil cases, the jury or judge decides liability and any awarded damages.
During a trial, both sides will:
- Present evidence such as forensic reports, eyewitnesses, documents, and expert testimony.
- Call and cross-examine witnesses.
- Deliver opening and closing statements.
- Follow court rules regarding procedure and evidence.
At the end of a trial, a jury delivers a verdict, or in some cases, a judge makes the final determination. If the defendant is convicted in the trial court they have the right to appeal.
What Happens in an Appeal?
An appeal is not a retrial. Instead, it is a legal process where a court of appeals or intermediate appellate court reviews whether legal errors occurred during the trial. Unlike trials, appeals involve:
- No new evidence or witness testimony.
- A panel of appellate judges (often multi-judge panels) rather than a single judge.
- Arguments based on questions of law, such as constitutional rights violations or improper evidence admission.
Grounds for an Appeal
Defendants may appeal based on several factors, including:
- Legal errors made by the trial judge (e.g., admitting improper hearsay, violating procedural rules).
- Constitutional violations, such as ineffective counsel or unlawful search and seizure.
- Improper trial court decisions, including verdicts unsupported by sufficient evidence.
- Failure to follow court rules, such as incorrect jury instructions.
The Appellate Process
Appeals typically go through the following steps:
- Filing of Briefs – The defense attorney and prosecution submit written arguments citing relevant appellate court decisions and legal precedents and pointing out where in the trial court the trial judge made an erroneous decision.
- Oral Arguments – Attorneys present their case before appellate judges in a court of appeals or circuit court.
- Judicial Opinion – The judges issue a decision affirming, reversing, or remanding the case based on the appellate process.
If a party is dissatisfied with the court of appeals ruling, they may seek review from the highest court in the state or the U.S. Supreme Court.
The Role of Trial vs. Appellate Lawyers
A trial lawyer focuses on fact-finding, witness examination, and persuading juries. In contrast, an appellate lawyer specializes in legal analysis, briefing, and arguing questions of law before higher courts.
Need an Experienced Appellate Attorney?
Navigating the court system can be complex, and appealing a conviction requires extensive knowledge of court records, and administrative agencies that oversee lower courts. At Garland, Samuel & Loeb, our experienced defense attorneys handle appeals in state courts, federal courts, and even the U.S. Supreme Court.
If you have questions about appealing a conviction, visit our pages on Appeals and Habeas Corpus or Call 404-262-2225 for a confidential, free consultation.
