Are there special rules for criminal appeals in the Supreme Court?

Yes, there are special rules for criminal appeals in the Supreme Court of Washington. When a criminal conviction is appealed, the Supreme Court is technically an appellate court reviewing the lower court’s proceedings. The Supreme Court does not have the power to review factual findings in a criminal case, which means it cannot make a ruling that contradicts the lower court’s findings. Instead, the Supreme Court can only review whether the lower court followed the appropriate procedures and applied the correct law to the case. In other words, the Supreme Court looks for legal errors, such as improper jury instructions, challenges to the constitutionality of a statute, or errors in the law or evidence presented. When an appellant (the person appealing the conviction) has the burden to prove that an error occurred, the court has the discretion to summarily affirm the lower court’s decision. But if the appellant is successful in showing that a legal error occurred, then the Supreme Court will remand the case back to the lower court for further proceedings. The court may also reverse the lower court’s decision and issue a new one. In order to appeal a criminal conviction in Washington, the appellant must file a Notice of Appeal with the state trial court. From there, the appellee (the defendant in the criminal case) can file a response to the appellant’s appeal. The matter is then transferred to the Supreme Court, which reviews the record and briefs submitted by the parties.

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