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The appellate court will do one of the following: Affirm the decision of the trial court, in which case the verdict at trial stands. Reverse the decision to the trial court, in which case a new trial may be ordered. Remand the case to the trial court.
To succeed in your appeal, you must show that the judge who heard your original case, made a legal mistake and that the mistake was of such significance that the decision should be overturned. For example, the judge who heard the original case might have applied an incorrect principle of law.
A person who has been found guilty of a crime can appeal against their conviction and / or against their sentence if they believe it is too harsh.
To appeal, the appellant (party appealing) must demonstrate that: (i) there was an error of law and/or fact; or, (i) there was an error of law and/or fact; or, (ii) an error in jurisdiction; or, (ii) an error in jurisdiction; or, (iii) that the sentence imposed was either manifestly (iii) that the sentence imposed was ...
To be granted what is called ?special leave to appeal to the High Court? a case will usually have to raise new points of law; be deemed to be of high public importance; be likely to involve many future cases; involve questions of law that have been decided in inconsistent ways by two or more lower courts; or involve ...
There are many reasons to appeal a criminal conviction, but the three most common reasons for appeal are for ineffective assistance of counsel, evidentiary issues during trial, and plain error committed by the trial court.
The most common grounds for appeal of a criminal conviction are improper admission or exclusion of evidence, insufficient evidence, ineffective assistance of counsel, prosecutorial misconduct, jury misconduct and/or abuse of discretion by the judge.