What is an appeal?

An appeal is when a person who was found guilty of a crime in a trial requests a higher court to review their case. In Kansas, appeals are filed in the Kansas Court of Appeals, which is the intermediate appellate court in the state. The highest appellate court in Kansas is the Kansas Supreme Court. An appeal is not a new trial, it’s an evaluation of the trial and the judge’s decision. The appellate court will look at the trial transcripts and determine if any errors were made that could have led to an unfair outcome. This might include errors in the admission of evidence or legal arguments presented by either the defense or the prosecution. The ruling of the appellate court is usually final. In some instances, though, the ruling may be appealed again to the Kansas Supreme Court. This is referred to as a petition for review. In general, the appellate court will not grant an appeal unless there is enough evidence to support the claim that the lower court’s decision was wrong or unfair. If the appellate court finds that there were errors in the trial or that the judge made incorrect legal rulings, then it will overturn the lower court’s ruling.

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