What does it mean to appeal a conviction?
Appealing a conviction means challenging the court’s decision. A defendant can request a higher court to review the case and issue a different ruling if there are legal grounds for a dispute. This is done by filing a formal notice of appeal, a written statement to the higher court explaining why the conviction should be overturned. When a conviction is appealed, the higher court reviews the record of the case and may decide that the original ruling was fair or that it was not. If the court determines that the conviction should be overturned, the case may return back to the lower court with different instructions. For example, the higher court may rule that the defendant’s defense was not properly heard in the lower court, that the lower court had a flawed understanding of the law, or that evidence was not properly considered. In such cases, the lower court may be asked to reconsider its decision and issue a new ruling. In Michigan, appeals of criminal convictions may also be heard in the Michigan Court of Appeals or in the Supreme Court. Once an appeal has been filed, the parties involved have to wait for a hearing date to be set. If the conviction is overturned, the defendant may be given a new trial or be released from prison.
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