Results 1 to 5 of 5
  1. #1

    Question Supreme Court Appeals

    My question involves criminal records for the state of: RI

    How does the appeal process work, and for most criminal cases, what are the odds of the appeal being granted? Also, on what grounds are most appeals granted?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,488

    Default Re: Supreme Court Appeals

    You have twenty days from when your judgment was entered to file your appeal. You appeal based on some rule of law that makes the judgment issued improper. We can't guess the odds. Just saying "I want to appeal my conviction" is not even going to get your case heard. There are tons of reasons why appeals are granted. There are tons of reasons why they are denied. There are others that are reasons that the appeals court won't even listen to the case.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Supreme Court Appeals

    Are you speaking of the RI SC or the US SC?

    The US SC will only hear cases based on a federal question, where a state high court also hears cases based soley on thier constitutions.

    The USSC only grants Certiorari in only about 80-100 cases out of 1,000's of Petitions filed each year. One reason to grant Certiorari is when 2 or more Sister Circuits conflict on an issue, the same can be said as one reason a state hight court will hear a case, but there is no "bright line" rule, as appeals are generally discretionary.

    Now I do know that in NV, there is NO intermediate court of appeals, all criminal appeals go the NV SC directly. So they will rule on a case, whether by decision or by letting the lower court stand by no decision, just basically a one page directive/order.

    Otherwise, to my knowledge, a state courrt of appeals must hear every case presented to it.

  4. #4

    Default Re: Supreme Court Appeals

    Well for this specific case, the depended was granted a new trial because of a mistrial and found guilty at the new trial. Then he appealed and was granted a new trail on the argument that he had an unfair trial because he needed a translator although he was raised in America since childhood and could speak English perfectly fine. He was found guilty at that trial as well. Now he is appealing again on grounds unknown, so I'm wondering what are the odds that this will be granted although he's been through a trial 3 times and found guilty by a jury twice.

    "Well for this specific case, the depended was granted a new trial because of a mistrial and found guilty at the new trial. Then he appealed and was granted a new trail on the argument that he had an unfair trial because he needed a translator although he was raised in America since childhood and could speak English perfectly fine. He was found guilty at that trial as well. Now he is appealing again on grounds unknown, so I'm wondering what are the odds that this will be granted although he's been through a trial 3 times and found guilty by a jury twice."

    What is your personal opinion on what the odds would be at the RI SC in this matter if they're granted a new trial twice already. How reasonable is it to have a trial reheard over and over again and how many mistakes could the DA's office and judge possibly make while calling the shots in court?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,488

    Default Re: Supreme Court Appeals

    How on earth can we tell when you don't know the "grounds?" for the appeal.

    However, seeing his track record, even if he gets granted an appeal, the case will probably be remanded again and he'll be found guilty then.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 5
    Last Post: 11-10-2010, 06:14 PM
  2. Can Supreme Court Justices Sue Each Other
    By matador in forum Legal Practice
    Replies: 3
    Last Post: 11-07-2010, 08:47 AM
  3. Obama Has a Supreme Court Nominee
    By BOR in forum Banter
    Replies: 18
    Last Post: 05-29-2009, 08:11 AM
  4. Replies: 5
    Last Post: 08-09-2008, 03:08 PM
  5. Post-Conviction Relief: Appealing To State Supreme Court
    By twilbama in forum Criminal Procedure
    Replies: 1
    Last Post: 04-06-2008, 02:50 PM
 
 
Sponsored Links

Legal Help, Information and Resources