Argued Issues - DUI Appeal Decision - New Hampshire Supreme Court
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The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. Not every error of law, however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial.
Rate of about 40 percent in defendants' appeals of trials. Plaintiffs achieve reversal in about 4 percent of all filed cases ending in trial judgments and suffer affirmance in about 16 percent of such cases. This yields a reversal rate of about 18 percent in plaintiffs' appeals of trials.
If the court finds an error that contributed to the trial court's decision, the appeals court will reverse that decision. The lawyers for the parties submit briefs to the court and may be granted oral argument. Once an appeals court has made its decision, the opportunity for further appeals is limited.
After the circuit court is done with its case, the losing party can appeal to the court of appeals. Appeals typically occur when the losing party is not happy with the result or decision of the circuit court, or when they feel something was not done correctly during the trial.
As an appeal court, The Supreme Court cannot consider a case unless a relevant order has been made in a lower court. The Supreme Court:hears appeals on arguable points of law of general public importance. concentrates on cases of the greatest public and constitutional importance.
How is the case decided? Appeals are decided by panels of three judges. The court of appeals does not receive additional evidence or hear witnesses; rather the judges make their decision based on the written record of the case in the trial court, the briefs submitted by the parties, and possibly oral argument.
Simply, the appellate court only determines if the trial court made an error; it does not fix the error.This means that the issue or issues wrongly decided will be re-tried or re-heard by the trial judge based on and within the instructions given by the appellate court.
The appellate court cannot change the trial court's decision just because the appellate court judges (called "justices") disagree with it. The trial court is entitled to hear the evidence and come to its own decision.
The court of appeal can decide for itself whether the correct law was used in deciding the case.It can reverse the lower court's decision and order that the case be retried applying the correct law. It can reverse the lower court's decision and render its own decision based upon a review of the evidence.