What is the standard of review used in criminal appeals?

In Arizona, the standard of review used in criminal appeals is known as the “substantial evidence” standard. This means that the appellate court reviews the trial court’s decision to determine whether there was legally sufficient evidence for the ruling. Essentially, the appellate court evaluates whether the trial court had sufficient evidence to make a lawful determination. In making this evaluation, the appellate court reviews the evidence in the record to determine if the evidence supports the trial court’s decision. The substantial evidence standard of review also takes into consideration the applicable statute or decisional law that was applied by the court. If that law was applied correctly, the appellate court gives deference to the trial court’s decision. The appellate court does not substitute its own judgment for that of the trial court. It simply determines whether there was legally sufficient evidence in the record to support the trial court’s decision. In evaluating the evidence, the appellate court will consider any errors the lower court made in applying the law. If it determines that a mistake in the application of the law was made, the appellate court may reverse the ruling of the lower court. However, if the appellate court finds that the evidence was legally sufficient to support the trial court’s decision, then the ruling is upheld.

Related FAQs

Are transcripts of testimony necessary for a criminal appeal?
Can I appeal an acquittal of criminal charges?
What are the chances of success on a criminal appeal?
How do I file a motion for a stay of execution in a criminal appeal?
Can I appeal a sentence that is within the statutory range?
Are there appellate court opinions that can be cited in a criminal appeal?
What are some common grounds for criminal appeals?
What types of cases can be appealed in criminal court?
What are the requirements for filing a petition for a writ of certiorari?
Is a criminal conviction considered final after an appeal?

What is the standard of review used in criminal appeals?

Related FAQs

Related Blog Posts