What is the process of a criminal appeals court?

In Delaware, the appeals process is used when a criminal defendant disagrees with the ruling of the trial court. The process starts with the defendant filing a notice of appeal. This must be done within 30 days of the trial court’s decision. The Delaware Supreme Court then reviews the appeal, deciding whether to accept or reject it. If accepted, the court will order a briefing from both sides, allowing each to present their case. After the briefing, the court will either hear oral arguments or render a decision without argument. During this process, the court will review the trial court’s proceedings and will decide whether the trial court’s decision was correct. The Supreme Court can order a new trial or may reverse the trial court’s decision and dismiss the charges if it finds that the trial court erred in its decision. The Supreme Court, however, cannot increase the punishment. If either the defense or the prosecution disagrees with the Supreme Court’s rulings, they can then file for a rehearing or take the case to the US Supreme Court. At the end of the appeals process, the Supreme Court’s ruling becomes final.

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