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.

Related FAQs

What are the rules of bail in criminal cases?
What is the difference between criminal and civil procedure?
What is the difference between an acquittal and a dismissal in criminal cases?
What is the purpose of a motion to suppress evidence in criminal cases?
What are the rules of double jeopardy in criminal procedure?
What is a plea bargain in criminal cases?
What is the difference between voluntary and involuntary manslaughter?
What are the constitutional requirements for search and seizure?
What are the rules of evidence to be presented in criminal cases?
What is the difference between probable cause and reasonable suspicion?

Related Blog Posts

An Overview of Constitutional Protections in Criminal Procedure - July 31, 2023
The Requirements and Benefits of Proper Criminal Procedure - August 7, 2023
Understanding the Right to Remain Silent in Criminal Procedure - August 14, 2023
What You Should Know About the Exclusionary Rule in Criminal Procedure - August 21, 2023
A Look at the Role of Probable Cause in Criminal Procedure - August 28, 2023