How do I appeal a criminal conviction?

In Delaware, the process for appealing a criminal conviction is similar to the process in other states. After a person is convicted, they have a limited amount of time to file an appeal. This is known as the deadline for filing a notice of appeal. Once the notice of appeal is filed, the case is moved to the Delaware Supreme Court. The Supreme Court will review the original trial transcripts and original evidence from the lower court. They will also review any supplemental evidence the defendant wishes to present. The Supreme Court will then make a decision on the case, based solely on the documents and evidence that had been presented to the lower court. The defendant can also make oral arguments in front of the Supreme Court. If the Supreme Court agrees that the defendant was wrongfully convicted, they may overturn the lower court’s verdict. The Supreme Court can also choose to reject the appeal and uphold the original verdict. No matter the outcome, people convicted of a crime in Delaware have the right to appeal their conviction. It is recommended that they seek the advice of a qualified attorney to ensure their rights are upheld.

Related FAQs

What is the procedure for requesting an en banc hearing?
What is the appellate court’s role in interpreting statutes?
What is the standard of review on a trial court’s decision to admit or exclude evidence?
What is the process for obtaining an appellate court’s review of a case?
Can a party appeal a judge’s decision directly to the state's Supreme Court?
What is the doctrine of res judicata and how does it apply to appellate proceedings?
What is the process for obtaining an appellate court order for a stay of enforcement?
Are appellate court decisions binding on lower courts?
What is the standard of review for an appellate court’s decision on a motion to dismiss?
What procedures are available to challenge a conviction on appeal?

How do I appeal a criminal conviction?

Related FAQs

Related Blog Posts