Can a criminal appeal be reversed or remanded?
Yes, a criminal appeal may be reversed or remanded in Tennessee. A criminal appeal is when a higher court is asked to review a lower court decision to determine if it was correct in its application of the law. If the higher court finds an error in the case, the decision can be reversed or remanded. Reversal is when the higher court completely overturns the lower court decision. This means the original decision is no longer valid and the people involved in the case must start over. Remand is when the higher court sends the case back to the lower court. This means the higher court believes an error was made but does not want to completely throw out the decision. The lower court must then review the case and apply the law correctly, if necessary. In Tennessee, a criminal appeal can be reversed or remanded just as in other states. If an appeal is taken to the Tennessee Supreme Court, the court can review the case and decide if reversal or remand is appropriate. However, the court may take a harsher stance on criminal cases than civil cases.
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