Appeals Process Paper

926 Words Feb 15th, 2016 4 Pages
The court system is one of many processes; one of such processes is the appeal process. An appeals place in the procedure and process of the justice system occur post trial and conviction. An appeal cannot take place until a conviction and sentencing is finalized. An appeal is a legal proceeding by which a case is brought before a higher court for the re-examination of the procedure or decision of a lower court. (Dictionary, 2015) In layman’s terms it is a way to challenge the court’s decision. An appeal in a case may be undertaken by either or both sides; the defendant or prosecution may both have to option to appeal a decision. An appeal does not re-examine the evidence or testimonies involved in the previous decision but instead …show more content…
Appeals are made by an attorney on behalf of their client but can be made by the individual themselves, the person initiating the appeal is known as the appellant. Appeals must be made within the timeframe allowed by the jurisdiction appeals process guidelines; if the appeal is not taken and perfected in the time frame set by jurisdictional statute the right to appeal is foreclosed. (Appeal, 2003-2015) Extensions for time for the filing may be granted; but only if extenuating circumstances exist, such as any of the parties dies or is declared incompetent. The appeal process is instituted by the filing of a notice of appeal. This filing marks the beginning of the aforementioned timeframe to which a brief must be filed; the brief is a written argument that contains that side’s view of the facts and arguments upon which they seek a reversal of the trial decision. The opposing side is then allowed to format an answer brief. Appellate court decisions are frequently made on briefs alone but occasionally hear oral arguments before a decision is made. The Court of Appeals hears tens of thousands of cases a year; one such case is that of Hunt vs. Massi. Hunt vs. Massi is summarized as “A district court issued an arrest warrant for Brian Hunt for failing to pay a fine. Hunt had actually paid the fine, but the payment wasn’t recorded. Four police officers served the warrant at the home of Hunt and

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