What is the process of a criminal appeals court?
The process of a criminal appeals court in Massachusetts is an intricate one. The process begins with a Notice of Appeal from a defendant who has been convicted in a lower court. This Notice of Appeal is sent to the Appeals Court of Massachusetts, which is the court that hears all appeals in criminal matters in the state. The Notice of Appeal triggers the appeals process to begin. The court can then order a transcript of the proceedings that took place at the lower court. The Appeals Court will review the evidence, arguments, and proceedings of the lower court in determining whether to reverse or affirm the decision. The Appeals Court will also consider briefs filed by both the prosecuting and defense attorneys. These briefs allow the attorneys to present arguments and evidence that they believe should cause the Appeals Court to reverse or affirm the decision. After reviewing the briefs and transcript, the Appeals Court will then issue its decision. Depending on the type of crime committed, this decision can be either a reversal or an affirmation of the lower court’s decision. The decision of the Appeals Court is final and is not subject to further appeals. Thus, if the decision is to affirm the decision of the lower court, the conviction stands and the defendant will either serve the sentence imposed or face other consequences ordered by the court.
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