Also known as: appellate reviews · review on appeal
Written by attorneys · grounded in primary & secondary sources — see below
Examination of a lower court's decision by a higher court that can affirm, reverse, or modify the decision. The process requires the appellant to identify specific errors in the record and demonstrate that those errors affected substantial rights or produced an unjust result.
Alan Ackerman files a constitutional challenge in district court and loses. While his certiorari petition is pending, Congress enacts a statute declaring that category of cases final and unreviewable by the Supreme Court. The Court dismisses the petition because the statute validly withdraws that avenue of review without eliminating all federal judicial review of constitutional claims.
Arthur Abrams is convicted after the trial court gives an erroneous jury instruction. On appeal he argues the instruction misled the jury. The court of appeals examines the entire record and concludes the error did not affect substantial rights, so the conviction stands.
Select any source to read its text and confirm it supports the definition.
Anita Ali moves to suppress evidence obtained after an unlawful interrogation. The trial court denies the motion and she is convicted. On appeal the court applies the inevitable discovery exception and affirms because the evidence would have been found through lawful means regardless of the violation.
Abigail Alvarez is convicted of murder. She appeals arguing the evidence was insufficient. The reviewing court examines whether any rational trier of fact could have found the essential elements beyond a reasonable doubt and affirms the conviction.
Alice Atkins, a special prosecutor, obtains a subpoena for presidential tapes. The district court orders production. The President appeals asserting executive privilege. The reviewing court balances the need for evidence against the privilege claim and affirms the production order.
Aaron Adams challenges a state durational residency requirement for divorce. By the time the case reaches the appellate court he has satisfied the requirement and obtained a divorce elsewhere. The court dismisses the appeal as moot because the residency barrier no longer affects him.
Federal courts of appeals review a district court's determination of state law de novo. The appellate court owes no deference to the lower court's reading of state law.
A remand order may be reviewed through mandamus when the district court remands on grounds not authorized by the removal statutes. This occurs when the district court refuses to exercise plainly proper federal jurisdiction.
Indigent defendants who plead guilty or nolo contendere are entitled to appointed counsel on their first-tier appellate review when that review functions as an appeal of right. The label the state places on the review does not control the right to counsel.
The state must waive transcript costs if those costs would effectively bar the appeal. Conditioning appeal on the ability to pay for a transcript violates due process and equal protection when a fundamental interest is at stake.
…the presumptive privilege and that the requirements of Rule 17(c) had been satisfied. The court stayed its order pending appellate review on the condition review was sought by a specified time, and provided that matters filed under seal remain under seal when transmitted as part of the record. On May 24, 1974, the President…