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General
The Appellate Process Part 1 of 3
Posted by: Damon Davis
October 08, 2010
Many people are confused about what happens to a case on appeal, or with the appellate practice in general. Sometimes people will be heard complaining about the number of appeals criminal defendants get or questioning why we even need an appeals process. In a short series of blogs I will attempt to explain the appellate process.
There are many depictions of trial in television, movies, and books which are more or less accurate, but far fewer depictions of the appellate process. The simplest explanation for the difference between an appeal and a trial is that trials are for the purpose of determining disputes of fact while appeals are to determine disputes of law. As the parties go through the trial process, whether criminal or civil, the ultimate purpose is to resolve a question of fact between them. This might be whether so and so committed a crime, or whether someone else caused an automobile accident. Throughout this process the trial judge
