What is the standard for appellate review of a criminal conviction?
Appellate review of a criminal conviction looks at whether the previous court made any errors. In Washington, the standard is that all errors must be considered and overturned if there is a reasonable probability that a result different from the one reached would have been reached without the error. This means that if the appellate court finds that the error could have had a significant effect on the result of the trial, then the conviction should be overturned. In Washington, when evaluating an error, the standard also comes from the Washington State Constitution and the preservation of a fair trial. This means that if the appellate court finds that a trial was unfair due to potential error, then the conviction will be overturned. This could include errors from the judge, jury, or any other trial official. In addition to the error standard, Washington courts also consider any new evidence that has surfaced since the original trial. If the new evidence casts reasonable doubt on the original conviction, the court should take it into consideration when evaluating the conviction. Overall, when reviewing criminal convictions, Washington courts evaluate whether the conviction was reasonable and fair, free of any errors. If there is reasonable doubt or new evidence that casts reasonable doubt, the conviction will be overturned.
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