Back to the Basics - Understanding The Appeal Process

There are various types of appeals that can lead to a case being reviewed by either an appellate court or the Supreme Court. An appellate court hears appeals from lower courts and makes a decision that usually brings the case to a final end. However, an appeal can be made to the Supreme Court in rare circumstances, and in even rarer circumstances the Supreme Court may hear the appeal. If you were penalized for a crime that you did not commit, the penalty is uncommonly severe, there was an unfair hearing, or your rights were violated in any other way, call  an experienced criminal appeals attorneys at Barney and Hourihane today at 312-854-0906 for immediate assistance.


What are the Possible Outcomes of an Appeal?

Appeal stems from disagreements of how the law should be applied, and from a constitutional rights violation. No new evidence is permitted during an appeal. The decision can be affirmed, meaning that the lower court’s original decision will be upheld; the decision can be remanded, meaning that the it will be sent back to the lower court for decision and review according to the higher judge’s advice; or the decision can be reversed, meaning that the appellate judge annuls the decision that came out of the previous lower court trial.

Supreme Court Hearings are Rare

Any case that involves the federal law or the constitution can be heard by the Supreme Court. The Supreme Court gets around 7,000 requests each year, though it only hears 80 cases a year, roughly, and makes a decision on an additional 50 without hearing an argument, according civilrights.org. Two thirds of the cases are appealed from federal courts, one third are appealed from state supreme courts, and sometimes, though very rarely, the Supreme Court takes on cases that were not previously heard by a lower court.

Writ of Certiorari

A writ is an order issued by a higher  court to a lower court. Cornell Law states that while writ of certiorari is rarely used, the Supreme Court commonly uses writ of certiorari to determine which cases to hear. When a writ of certiorari is issued, all the evidence and case files are sent up to the Supreme court for review.

Writ of Habeas Corpus

A writ of habeas corpus is issued by a court to the authority detaining a person and requires the detained person’s attendance in court so their case can be reviewed. It is possible in this scenario that the court finds the reason for detention illegal and releases the individual.

Contact a Chicago Criminal Appeals Lawyer

All appeals are “as of right” appeals, or “discretionary” appeals, depending on the specifics involving the case. The court has to hear appeals as of right, which is enforced by constitutional principles. A discretionary appeal is not mandatory for an appeals court to hear, and is only heard at the discretion of the court. If you wish to file an appeals, you need an experienced attorney with knowledge specific to Illinois appeals law. Call Chicago appeals attorney Barney and Hourihane today at 312-854-0906 for immediate assistance.