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If the judge allows the expert to testify that there was a reason to explain away inconsistencies in the witness's testimony, this will most likely be grounds for an appeal, as in most cases evidence that only bolsters the credibility of a witness is not admissible.
Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, procedure or due process. In different jurisdictions, appellate courts are ...
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
Appeals and post-conviction cases, by their very nature, focus on legal errors, not factual disputes. Indeed, it is unclear whether proof of actual innocence is, in and of itself, grounds for appellate reversal. Herrera v. Collins, 506 U.S. 390 (1993) Convicted persons have two avenues for attacking the validity of their conviction or sentence.
American English and British English have diverged significantly on the topic of appellate terminology. [3] American cases go up "on appeal" and one "appeals from" (intransitive) or "appeals" an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. [3]
WASHINGTON — A federal appeals court on Friday tossed out a portion of a Jan. 6 defendant's sentence that could affect more than a hundred other cases related to the 2021 attack on the Capitol.
Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court ...