In the United States, there are both federal and state courts, which handle different cases, resulting in two different types of appeals: a federal appeal and a state appeal. Sometimes, cases may fall under federal and state jurisdictions, in which case, appellants could choose to appeal the outcome of a trial court’s decision at either a state or federal level. An experienced New York criminal appeal attorney from The Law Office Of Benjamin Greenwald can assist with filing an appeal, providing support during this legal process, and fighting for justice; call (845) 567-4820 today to understand more about how these appeals differ and book a consultation.
What Are Appeals?
Criminal appeals refer to the opportunity to petition for a more senior court to review the decision of a lower court on the basis of errors that took place during the original trial. Bringing an appeal is only possible after the original case concludes, and appellants cannot usually introduce new evidence when appealing. Moreover, not every case is appealable; appellants cannot appeal merely because they are unhappy with the outcome. But if the prosecution suppressed evidence, the defendant had ineffective legal counsel, legal/procedural errors transpired that impacted the case’s outcome, or important exonerating evidence has come to light that was not available during the original trial, then there might be grounds for an appeal.
Provided an appellant has permission to appeal, the appellate court examines the evidence, court documents, and transcript of the original trial, as well as written (and sometimes oral) arguments from both parties in the case before determining whether a correction to the trial court’s decision is necessary. State or federal appellate courts may decide to uphold the trial court’s ruling, change a sentence, reverse the decision, or request a new trial.
What Is the Difference Between a Federal Appeal and a State Appeal?
State and federal courts have different structures, which affect how they handle appeals. For instance, district Courts initially hear federal cases, with the Courts of Appeals (split across 12 regional circuits) hearing appeals from the district courts, and the United States Supreme Court reviewing the decisions of the Courts of Appeals. At a state level, trial courts in New York State referred to as County Courts are the starting point, with appeals initially heard by intermediate appellate courts (Appellate Divisions) and the most senior court in the state (the Court of Appeals in New York) having the final say on state matters.
Can All Cases Be Appealed to the U.S. Supreme Court?
Those seeking an appeal cannot always bring their case before the Supreme Court of the United States. The court only hears cases brought from lower federal courts, cases brought from state courts related to federal/constitutional legal matters, or, in rare instances, cases where the Supreme Court is the first court to hear them, such as when public officials or the state are a party. A minimum of four justices must agree to hear a case to bring it before the court; per the Supreme Court of the United States, the court receives roughly 8,000 petitions per term, but only agrees to hear approximately 80 cases, which are usually cases involving important legal principles that impact society.
To find out more about a federal appeal and a state appeal, as well as the possible legal strategies when both routes are available, consult with a knowledgeable New York criminal defense attorney. Contact The Law Office Of Benjamin Greenwald today to discuss your legal options.
Can a State Supreme Court Overrule the U.S. Supreme Court?
State supreme courts, or Court of Appeals (depending on the state), are typically a state’s court of last resort, and on state law matters, usually make the final ruling of an appeal that binds both federal and state courts. However, if a case concerns a federal or constitutional law issue, the Supreme Court of the United States, described as the highest court in the nation by the Department of Justice, can hear appeals from a state appellate court and potentially overrule them.
Can a NY Supreme Court Decision Be Appealed?
According to the New York State Unified Court System, the New York Supreme Court refers to the trial court that has the widest jurisdiction in New York in civil and criminal proceedings. Outside of New York City, criminal proceedings are usually heard by the County Courts while Supreme Courts hear civil matters such as divorce. The New York Supreme Court has four appellate divisions, with a presiding judge overseeing each division, which resolves appeals from superior court judgments.
Unlike other states, the Supreme Court is not the court of last resort in New York. Instead, this is the Court of Appeals, composed of several associate judges and a chief judge, who presides over this court and is the leading administrative judge in the state. Depending on the case, appealing parties may automatically have the right to appeal a Supreme Court decision or may have to obtain permission from either the appellate division or the Court of Appeals; when the Court of Appeals renders its decision, this overrules lower courts and can guide the decisions of judges in future cases.
Should I Choose a Federal Appeal or a State Appeal?
Whether a federal or a state court handles a case depends on the case’s nature, such as the type of offense, the parties involved and their location, and where the offense occurred, which ultimately impacts which court has jurisdiction over the matter. For cases that originate in state courts, state appellate courts would typically deal with an appeal, and similarly, federal appellate courts would handle appeals for cases beginning in a federal court. That said, it might be possible for an appeal to change from the state system to the federal system if the appeal concerns a constitutional matter.
Contact a New York Appellate Attorney To Learn More About Federal Appeals and State Appeals
Appeals are complex, costly, and lengthy legal proceedings, regardless of whether they are at a state or federal level. Despite this, pursuing them can be worthwhile in the event of a legal error occurring during a trial, since this can significantly impact a case’s outcome. Understand more about the differences between a state appeal and a federal appeal, and discover how a criminal defense lawyer from The Law Office Of Benjamin Greenwald can help with filing an appeal; call our firm today at (845) 567-4820 to schedule an appointment with a seasoned New York appellate attorney.
