Criminal Procedure CJ 275
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This 2 page Class Notes was uploaded by Aurelia Tromp on Saturday September 19, 2015. The Class Notes belongs to CJ 275 at Michigan State University taught by Steven Dow in Fall. Since its upload, it has received 22 views. For similar materials see /class/207604/cj-275-michigan-state-university in Criminal Justice at Michigan State University.
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Date Created: 09/19/15
92211 Appeal vs appeal de novo Appeal de novofrom the beginning instead of a normal appeal where the court takes a narrow look at the issue the appeal de novo does not give difference to the trial judge decision but looks at it more comprehensibly they make their own decision Legal error the appeal court is looking for errors made by the trial judge The chance of having an error free trial is zero Harmless error is something that happened that is not significant to the trial Sometimes the appellate court will say that they found harmless errors but they won t do anything to fix it because they were harmless Remedy is what the appellate court will do for you if they find serious error in your trial court case For certain kinds of errors certain remedies are appropriate Remand sending the case back down to the trial court for a new trial Failure to raise a legal issue at the time will result usually with that being waived You cannot raise it later When is it an appropriate time to raise issues The earliest appropriate time and failure to do so will have it be waved Time limits on appeal first you have to file a notice on intent to appeal Which is on a deadline and if you let the deadline pass you will probably not be able to appeal Then the appeal itself has to be filed on time also 92711 There has to be some end point to a trial A trial cannot go on for 20 years A doubleblind line up is when the police officer doesn t know if the criminal is in the lineup or not The cop doesn t know just like the victim Exhaustion of remedies levels of the appellate review must be used in the order in which they are available you can t skip over any unless an exception has been created by law Exception example death penalty you can go directly to the state high court if you were convicted to death you can skip the middle level and go straight to the high court New Evidence includes new DNA testing technology New evidence cannot be given after the trial is finished You cannot bring new evidence to the appellate level that was not given in the districtcircuit court levels A refusal to hear a case is a refusal to decide a case But an appellate court has to hear an appeal They decide how full of a review they want to do on each case In a full review there would be a written argument by the lawyers submitted to the court and you would have an oral argument which the lawyers will show up in front of the judges to defend their cases Summary affirmince the appellate court affirms the decision of the lower court by saying one world affirm Supreme courts can decide not to hear a case Guilty pleas less than 10 percent of cases go to trial They usually go through a process of a plea bargain It s a negotiated settlement and they plea guilt in exchange for a lesser sentence You do not have an appeal when you have a guilty plea Direct Review taking a case up on appeal to a hierarchy Go up through the lines of courts Collateral Review habeas corpusquot the most significant type of collateral review It means bring forth the body produce the body The body is a prisoner not a dead body The purpose of this is to challenge the legality of the confinement If you are a warden then you must justify the confinement of a certain prisoner and if you can t the prisoner can be let go It cannot be initiated until direct review is complete Not all federal constitution rights are treated equally through the habeas corpus 6quot1 amendment claims are the most raised habeas issues Right to council poor people who cannot afford a lawyer will be appointed one About 90 percent of people convicted are poor
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