The process of judgment works in different phases. Appeal court works to discuss the decision made by the trial court for some particular judgment. Usually, the decision made by the trial court isn’t convincing enough. Appeals attorney helps their client by challenging the judgement made by the trial court. All the facts and matter briefly explained by the appeal attorney in the appeal court and discussion proceed as per the judge’s order. Though, there couldn’t be anything new can be added to the cases, fact, and evidence. Judge of the appeal court examine the proceeding the trial court and verify the facts and evidences present in the appeal court by the attorney of the victim or culprit. On the other hand, the next attorney who is in favour of the trial court’s judgement gets ready with the evidence to prove the decision of trial’s correct fair and valid.
Reasons to appeal a case in appeal court:
The situation to take the case in appeal court after challenging the judgement of a trial court is not a common situation. This step required some strong ground to prove your point and convince the appeal court to recheck or reexamine the fact, and evidence has been discussed in the trial court. Below are a few situations, which can be used to challenge the judgement of the trial court and give rights to an appeal attorney to discuss the facts related to the case in the appeal court.
A person can appeal to an appellate court when the verdict is unreasonable or hard to believe. There are situations when the evidence present in the court doesn’t sound concrete and genuine. Like a case of robbery is being discussed and the eye witness has been presented. However, the witness is not completely sure about the culprit then the presented witness shouldn’t be accepted the court. If the court accepted such a witness, then the final decision can be a challenge on the basis of such a discussion. There is a point to remember that appeal court usually belief the judgment in the trial court, and the judges or juries appointed in the appeal court are least interested in the discussion going to reconsider the judgment announced by the trial court. Appeal court demands strong evidence for the re-examination of the trial’s court judgement for the particular case.
Discrepancy in Law:
Such situations are rare, but an error in law has been made to protect the culprit in the trial court’s judgment. There are situations when a law has been discussed and wrongly used in court, and such an act leads to wrong judgment. An appeal attorney can challenge the judgment by referring to the law that has been used wrongly in the debate in the trial court. However, the final decision relies on the judge of the appeal court. If the judge gets convince that some particular law has been misused, then the chance is high of reconsideration of the conviction.
Sign of an Unfair Verdict:
There are situations when the accused doesn’t get a chance to explain his or her side properly. Or, an interpreter hasn’t been provided to the accused person to know the exact proceeding or the hearing is being presented in the court. This way, the outcome will feel as unfair for the accused person. In this situation, too, a person has a right to deny the judgement of the trial court and request appeal court to listen to the hearing. Laws are quite strict when it comes to examining the facts and evidence presented in the appeal court because it is a situation when the judgment is going to be reviewed.