Attorney Matthew C. Bangerter North Eastern Ohio

What Happens Once An Appeal Is Filed? How Is A Decision Reached?


Once An Appeal Is Filed, How Does a Court Appeal Work? Who Actually Reviews The Appeal?

After the defendant has filed his or her brief, then the prosecutor will have a chance to respond to file their own brief. And the people reviewing it are actually those three judges.

They will read the briefs and they will listen to the oral arguments when we get in front of them and then based on the briefs and oral arguments, they will do their own research and the three of them will vote on a decision basically.

So, if you get two votes, then you win the case; so you need 2 out of 3 to win.

Is That The Majority Dissenting And Concurring Opinion?

Exactly, right. If one judge disagrees, they may write their own opinion saying why they disagree with the other two judges.

What Are Some Factors That Lead To An Appellate Court Reversing A Decision?

It’s almost always because of some issues that led to an unfair trial, some sort of evidence that shouldn’t come in or some sort of procedural defects. It’s almost never second guessing a jury.

The judges will typically say that the jury heard all of the evidence and they made their decision, they don’t like to go contrary to that. But if there is an error getting that evidence in front of the jury, then they’re more likely to say that the trial was unfair and turn that back.

If Someone Loses Their Case, What Is The Next Step? Is It Okay To Appeal Again?

Yes. If they lose in the appellate court, then you can apply to the Ohio Supreme Court for the appeal. But the issue there is everybody gets an appeal, every criminal defendant gets an appeal in the appellate court.

That’s not the case for the Ohio Supreme Court, so you have to apply to the Ohio Supreme Court and ask them to hear your appeal again, and they can decide whether to hear it or not. And if they don’t hear it, then you’re basically done there.

You can apply to maybe federal court or the Supreme Court of Ohio, but we’re talking major long shots now. So, in most cases, if you apply at the Ohio Supreme Court and they decline it, then that’s the end of the road for that case.

That’s pretty much your last opportunity to make an appeal.

Would Someone Remain In Jail Or Prison During Their Appeal Process?

Yes.

How Long Does The First Appeal Typically Take?

Typically, it’s several months to a year and more. The notice usually gets filed in just under a month after the sentencing. The court reporter will then have 40 days to prepare the transcript and submit it to the court and for the defense attorneys to review.

The defendant’s attorney has, to start with, 20 days to file their brief but they almost always get an extension because by the time you read through these transcripts and write the paper, it’ll take a little longer than that. So, say a month, two months for the defense attorney to get the brief filed.

The same will be through this prosecutor after that, so that’s another month or two months. Then, depending on the court, it could be another few months or more before you get a court date for the oral argument and then once you have that oral argument, it’s another few months before the court releases a decision. It’s not a quick process at all.

If you need information about how does a court appeal work, call the Law Office of Matthew Bangerter or visit our office 4124 Erie Street Willoughby, OH 44094 for an initial consultation at (440) 409-7898 and get the information and legal answers you’re seeking.

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