<span>Criminal Appeals
After a court has convicted and sentenced a criminal defendant, the defendant may file an appeal to a higher court, asking it to review the lower court’s decision for legal errors that may have affected the outcome of the case. If the appellate court grants the appeal, it may reverse the lower court’s decision in whole or in part. If the appellate court denies the appeal, the lower court’s decision stands.
The Right to Appeal
If a conviction results from a defendant’s guilty plea, the defendant does not have an automatic right to appeal their conviction. In most jurisdictions, an appeal will be heard only if the defendant is granted permission to proceed by the appellate court. Criminal defendants who were convicted by a judge or jury at trial, however, have an absolute right to appeal their convictions. Additionally, all states which enforce the death penalty allow an automatic appeal of cases involving a death sentence. If a court acquits the defendant, the prosecutor may not appeal the verdict. Appealing a verdict of “not guilty” would violate the Double Jeopardy Clause of the Fifth Amendment. Prosecutors may, however, appeal all pre-trial rulings and decisions regarding the admissibility of evidence at trial.
Grounds for Appeal
Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict. To grant the appeal, the appellate court must find that these errors affected the outcome of the case. If the errors would not have changed the verdict, they are considered harmless, and the conviction will stand.
A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself. Jury misconduct includes the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel.
Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation. To succeed in an ineffective assistance of counsel claim, a defendants must typically prove that but for their counsel’s actions, the outcome of the case would have been different.
Process of Appellate Review
If a state court convicts a defendant, the ruling is appealed to an intermediate-level state appellate court. If the defendant is unsuccessful in the intermediate court, the defendant may appeal their conviction to the state’s highest court. Each state has its own court naming system. In California, the state’s highest court is the California Supreme Court. In New York, the highest court is the New York State Court of Appeals, and the New York State Supreme Court is a trial court.
Review of appeals in state’s highest court is discretionary and is limited to only a small percentage of cases. If the defendant can frame the appeal in terms of a federal issue, the defendant may then pursue relief in the federal court system. Defendants convicted initially in a federal trial court may appeal their case directly to the federal appellate court. If unsuccessful, they may then seek review in the U.S. Supreme Court.
An appeal is not a retrial of the case. Rather, the appellate court reviews the record of the lower court’s proceedings to determine whether there are adequate grounds to grant the appeal. The record includes all pre-trial and post-trial motions, all evidence admitted to the court and a word-for-word transcript of the trial. In addition to analyzing the record, appellate courts also review written briefs submitted by each party. Appellate briefs frame the legal issues raised on appeal and set forth persuasive legal arguments to support their position. The court may also hear oral argument from counsel in order to clarify any points raised in the written briefs.
Criminal Appeals Resources
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Stages of a Criminal Trial</span>
D, are probably not engaged in intense competitive rivalry
Explanation:
A competitive analysis framework or framework of competitive analysis can be said to be an analysis model that is used to examine a competitor market structure. This in turn helps you to properly prepare or structure your market analysis.
There are about 5 competitive analysis frameworks. They include SWOT(strength Weakness Opportunity Threats), Porter's five forces, Strategic group analysis, growth share matrix, perceptual mapping.
In the case of Rapid-Built Homes and ModMod, they are not exactly involved in intense competitive rivalry because while Rapid-Built homes is a developed by real estate speculators, ModMod is a side business for two architecture professors. This means that selling of housing units by Rapid-Builts is the source of main income for the company while for ModMod, is it not the main source of income for the professors.
In calculating the Opportunity Cost of using that space with the available data, the following formula can be used (notice that APR is a yearly figure and the rent is monthly),
$297,353.33 is the opportunity cost of using this space.
Note the method used above is the faster method but if you want to use the other method, first you change the rent to a monthly figure. Then you divide it by the cost of capital to get the present value. Then you multiply by the After tax rate of (1 - tax rate). It's basically the same as the above though.
e. exists when a single seller experiences lower average total costs than any potential competitor.
Explanation:
A monopoly is a market structure which is typically characterized by a single-seller who sells a unique product in the market by dominance. This ultimately implies that, it is a market structure wherein the seller has no competitor because he is solely responsible for the sale of unique products without close substitutes. Any individual that deals with the sales of unique products in a monopolistic market is generally referred to as a monopolist.
For example, a public water supply company is an example of a monopoly because they serve as the only source of water provider to the general public in a society.
A natural monopoly exists when a single seller experiences lower average total costs than any potential competitor because of the very high start-up or initial cost and economy of scale.
The regulatory cycle provides an opportunity for self-regulation during the latency stage. The statement is False.
<h3>What is the latency stage?</h3>
The latency stage will last for six years until puberty. This is referred to as the fourth stage of psychosexual development. No additional psychosexual growth happens at this stage since the desire is inactive.
A phase of discovery during which the reproductive energy is restricted or inactive is known as the latent period. This power is still there, but it has been transferred to other activities like learning and networking and plays a crucial role.
