What happens at oral argument in a criminal appeal?

At oral argument in a criminal appeal, a lawyer for a party will present their side of the case, typically in front of a panel of judges. The lawyer will state their legal argument and present evidence that supports their position in order to convince the judges that the person deserves either a new trial or a sentence reduction. The opposing lawyer will then argue their case to the judges and provide evidence that supports their position in order to convince the judges that the original ruling should be upheld. The judges will listen to both arguments and may ask the lawyers to clarify points or explain why certain evidence was used. After both sides have argued their cases, the judges may read over the information and decide whether or not a new trial is warranted. If the judges decide that a new trial is necessary, they will issue a ruling and the process will begin anew. The lawyer making the oral argument may also ask the court of appeals to issue a ruling without the need for a new trial. In South Carolina, oral arguments must take place in front of the full court of appeals at the appellate level. In order to prepare for oral arguments, both lawyers must submit an argument summary, as well as several concise written memoranda that provide a comprehensive overview of the facts and the legal issues involved in the case. This allows the judges to understand the facts and legal issues of the case before hearing the oral argument.

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What happens at oral argument in a criminal appeal?

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