What is the process for filing appeals in criminal defense cases?

In West Virginia, criminal defendants have the right to file an appeal after being found guilty in a criminal trial. The appeals process begins by filing an appeal in the circuit court of the county where the conviction occurred. The court will then set a briefing schedule for both sides to follow. This is a timeline that both the defense and the prosecuting attorney must follow in order to file briefs in the case. These briefs explain why the party believes the court should either uphold or overturn the conviction. The briefs are then reviewed by the court to determine if the appeal should be granted. If the appeal is granted, the case is remanded back to the trial court for a new trial. If the appeal is denied, the conviction stands. In addition, the defendant has the right to appeal the decision of the circuit court to the West Virginia Supreme Court of Appeals. The Supreme Court has the authority to review the circuit court’s decision and either uphold or overturn the decision. Finally, the defendant has the right to appeal the decision of the West Virginia Supreme Court to the United States Supreme Court. The US Supreme Court only accepts appeals when an issue of federal law is involved and will only hear a limited number of cases every year. If the US Supreme Court denies the appeal, the decision of the West Virginia Supreme Court stands.

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