What is an en banc appeal?

An en banc appeal is a legal process in Washington where a criminal conviction is reviewed. In this type of appeal, a larger number of judges than the usual three review the decision of the original trial court. It typically happens when a three-judge panel of the court of appeals is in disagreement with the decision of the trial court, or when important constitutional or legal issues are being reconsidered. When an en banc appeal is granted, the original decision of the trial court is vacated and the re-reviewed by a larger group of judges. This group can include both the judges already on the appellate court, and judges from other courts. This is done to ensure that the decision is based on a wide range of legal opinions. Once the en banc appeal is complete, the majority opinion of the judges will decide the outcome. En banc appeals can be rare and typically occur on ground-breaking decisions or when the decision affects a large number of people. For example, if a case involves a constitutional issue or a criminal sentencing issue, the court might grant an en banc appeal. Additionally, if one party disagrees with the decision of the original trial court, their attorney can request an en banc appeal. In Washington, the decision of the appellate court is final. If the court of appeals decides to deny the en banc appeal, then the request moves to the Washington Supreme Court. In rare cases, the Supreme Court may choose to reconsider an issue that was originally denied on appeal.

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What is an en banc appeal?

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