What is a direct appeal?

A direct appeal is an appeal in which a person convicted of a crime in North Dakota requests that a higher court overturn or modify the verdict of the original court. This type of appeal is also known as a trial de novo, which translates to “new trial.” In a direct appeal, the person who has been convicted of a crime can dispute the verdict and the handling of the case. This type of criminal appeal must be filed with the North Dakota Supreme Court within 30 days of the date of the jury verdict or the date of sentencing. In a direct appeal, the North Dakota Supreme Court will review the original trial record, including the evidence presented by both sides. The court may also consider legal arguments that weren’t brought up in the lower court. However, the court cannot consider new evidence or witnesses. If the court decides that the conviction should be overturned, the case will be sent back to the lower court for a new trial. Alternatively, the court may reduce the sentence or modify the judgment. If the court denies the appeal, then the conviction and sentence will stand.

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What is a direct appeal?

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