What are the consequences of an appellate court’s decision?

The consequences of an appellate court’s decision in Kansas will depend on the type of case being heard. Generally, appellate court decisions are binding upon the lower courts and all agencies involved in the case. This means that the ruling is followed by all lower courts and agencies in the state, unless it is overturned or modified by a higher court. In criminal cases, the appellate court’s decision can mean that the defendant is convicted, acquitted, or the court may order a retrial. Depending on the outcome, the defendant can face jail time, be released, or must be retried before a different judge. In civil cases, the appellate court’s decision can mean that the court will order the lower court’s decision to be reversed, modified or affirmed. If the lower court’s decision is affirmed, the decision will stand with no further action. If the decision is reversed, then the decision of the lower court will be set aside, and the case will be sent back down to the lower court for reconsideration or further proceedings. In either criminal or civil cases, the appellate court’s decision may be appealed to the Supreme Court of Kansas, which is the highest court in the state. In cases involving constitutional issues, the Supreme Court of the United States may review the appellate court’s decision. Any decision of the Supreme Court is final, and there is no further appeal.

Related FAQs

What legal remedies are available in an appeal?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?
What is the process for filing a petition for certiorari to the U.S. Supreme Court?
What is the scope of review for a state Supreme Court’s decision?
What is the process for filing an interlocutory appeal?
What is the role of an amicus curiae in an appellate court?
What is the process for filing a petition for rehearing?
What happens if I lose my appeal?
How do I appeal a court decision?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023