How are appeals handled in criminal defense law?

In Hawaii, criminal defense appeals are handled with a specific set of procedures and appeals processes. When a criminal case reaches the end of the initial trial period and a decision is made, the defendant has the opportunity to appeal the decision. An appeal is a request for a higher court, typically the Hawaii Supreme Court, to review a decision made by a lower court and decide whether or not the original decision was correct. When a defendant files an appeal, the defendant’s lawyer will usually submit a brief, which explains why the defendant believes the lower court made the wrong decision or why new information should be considered. The state will also file a brief in the same court. The higher court will then decide if a hearing is necessary or if a decision can be made based on the briefs submitted by both sides. During an appeal, the defendant usually remains in the same custody that they were in during the original trial, unless the appeal court orders a change in the defendant’s custody. If the defendant wins their appeal, the higher court will vacate or reverse the lower court’s decision, meaning that the appeal court’s ruling will become the new decision.

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