higher court – Gregory D Smith

For many criminal matters, you have the right to have a trial. During your trial, you present factual evidence to refute your guilt. You may also question favorable witnesses and cross-examine unfavorable ones. If you do not like the outcome of your case and have important legal topics to address, you can probably file an appeal.

In Tennessee, there are four different types of courts, including two trial courts and two appellate courts. If you need to appeal a criminal conviction, you likely want to ask an appellate court to consider your case. Eventually, you may be able to appeal your matter to the Tennessee Supreme Court. You should know, though, that appeals are vastly different from trials.

Tennessee criminal trials

If prosecutors bring criminal charges against you, you are likely to have an opportunity to plead guilty. If you choose to assert your innocence, you may proceed to a criminal trial. In Tennessee, you may have either a jury trial or a judge one, called a bench trial. Before the trial starts, you have an opportunity to uncover facts through the discovery process. Then, you present factual evidence that proves you are innocent. The prosecutor, of course, attempts to prove your guilt.

Tennessee appellate trials

If a judge or jury convicts you of a crime, you may have an opportunity to file an appeal. The appellate process, though, is not a rehashing of your initial trial. That is, you typically may not present new facts, examine witnesses or otherwise retry the case. Instead, you argue that there was some type of legal error during the trial that negatively affected the outcome of the case. Alternatively, you may argue that the trial court violated your rights in some way.

As you can see, criminal trials and appeals have some important differences. As such, the attorney who handled your trial may not have the skill set to appeal your case successfully. By understanding the fundamental differences between criminal trials and appeals, you can better plan for choosing the right legal counsel for your case.

If you are in Tennessee, federal appeals courts or the military appeals courts and have questions about rules regarding appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith and his work in Federal Indian Law appeals in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), at http://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith .

If you are not familiar with appealing a court judgment, you may wonder who can make an appeal in the first place. Do both sides have an equal opportunity to appeal a Tennessee court decision, and does it work the same way in civil litigation and in criminal prosecutions? The U.S. Courts website provides answers to these important questions. If you are considering an appeal to a court judgment, you should have a reasonable idea of how to proceed.

When it comes to cases involving suing another party in court, either side has a right to appeal a judgment to an appellate court. It does not matter whether the case was decided by a jury or a judge. However, the right to appeal can be waived if the parties decide to settle the case without pursuing a decision from a jury or the bench. If a settlement is agreed to, there can be no appeal.

Appeals work differently in criminal cases. If a person is found guilty of a crime, the defendant has the option to appeal the verdict. This is not the case if the person is acquitted. A prosecutor cannot appeal a not guilty verdict to try to get a new trial because it would violate Fifth Amendment protections against double jeopardy. However, if the defendant pleads guilty, the right to an appeal is typically waived.

However, there is room for both a defendant and a prosecutor to retain the right to appeal a sentence imposed after a verdict of guilty. A defense attorney may argue that the sentence does not comply with the requirements of the law. A prosecutor can appeal on the grounds of a similar argument. Either side might also claim that the sentence violates sentencing guidelines or otherwise deviates from the guidelines.

Anyone inexperienced in matters concerning appealing a judgment can benefit from asking a professional appeals attorney to gain a better understanding of the subject. Remember that this article is only intended to inform you about appeals and not to give you any legal advice.

If you are in Tennessee and have questions about rules regarding appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith’s work in appellate courts in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

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