What issues can be appealed?
Although the appellate court does not re-hear testimony and decide facts, it does have the right to decide whether the Superior Court Judge applied the law correctly in any given case. Common issues that are the subject of an appeal include a claim that the judge made an incorrect ruling on the admissibility of certain evidence, that he incorrectly applied the law, that he made or allowed an improper jury instruction, that the evidence was insufficient to support the verdict, or that the defendant had ineffective assistance of counsel. What does the Appeals Process Involve? First, a written Notice of Appeal is filed with the clerk of the court in which the appealed proceeding took place. In criminal and juvenile cases, the transcript (written record of testimony and evidence) from the appealed proceeding is prepared by the court automatically. Once this record has been filed with the Court of Appeals, the parties are notified. From the date upon which the records and transcripts were f
