How are appeals handled in criminal defense law?
In criminal defense law in Indiana, appeals are handled differently depending on the type of case being appealed. In criminal cases, a defendant may appeal their verdict to the Indiana Court of Appeals. This court reviews the case on appeal to determine whether errors were made during the trial. If the court finds errors, they may reverse or modify the verdict. In civil cases, the appealing party files a request with the Indiana Supreme Court. The Supreme Court will review the case and decide whether the court below was correct in its ruling. If the Supreme Court finds errors, the court may order a new trial or modify the verdict. In either case, the appealing party must prove that a legal error was made during the original trial. Examples of legal errors could include the judge admitting or excluding evidence that was not allowed under the law, or the jury failing to follow the instructions of the judge. In order to appeal the decision of the court, the appealing party must file a written notice of appeal with the Clerk of the Court. After this is filed, the justices of the appeals court will review the case. The justices will then issue a decision either reversing, affirming, or modifying the lower court’s decision.
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