How is a criminal appeal evaluated on appeal?

In West Virginia, criminal appeals are evaluated by the Supreme Court or Circuit Court of Appeals, depending on the complexity and type of case. The appellant must demonstrate that the decision in the lower court was incorrect in law. On appeal, the appellate court will consider the evidence presented at the lower court hearing and the arguments of the appellant, which must be supported by legal authorities. The appellate court will determine whether the decision of the lower court was correct in law and will evaluate the accuracy of the facts as found by the lower court. If the appellate court finds that the decision of the lower court was incorrect, it can reverse the ruling, uphold the ruling, or make new rulings on certain questions of law or fact. The appellate court also may review the sentence given by the lower court to determine if it was appropriate. The appellate court can modify the sentence if it is determined that the original sentence was too harsh or if a new sentence should be imposed. Finally, the appellate court can order a re-trial if the appellant demonstrates that there is new evidence that was not available at the time of the lower court decision. The appellate court may also order a re-trial if the appellant can demonstrate that the lower court’s decision was incorrect on certain questions of fact or law.

Related FAQs

Can I petition a court for habeas corpus relief in a criminal case?
What is the doctrine of res judicata in criminal appeals?
Are there procedural rules for criminal appeals?
What is the standard of review used on a post-conviction relief order?
Is a criminal conviction considered final after an appeal?
What is the process for filing an amicus brief in a criminal appeal?
What is the standard of review in a criminal appeal?
How is a criminal appeal evaluated on appeal?
Can I appeal a guilty plea in a criminal case?
What is the procedure for filing a motion for post-conviction relief?

How is a criminal appeal evaluated on appeal?

Related FAQs

Related Blog Posts