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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.
All parties must present grounds to appeal, or it will not be heard. By convention in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the court hierarchy. This is not always true, however.
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.
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.
The “adequacy” prong primarily focuses on state court dismissals of federal claims on state procedural grounds, as procedural requirements are by definition logically antecedent. Antecedent state-law grounds (i.e., state rules of procedure) are adequate to support a judgment unless they (1) are arbitrary, unforeseen, or otherwise deprive ...
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]
Appeals against sentence following conviction on indictment: A person convicted in the Crown Court may only appeal against sentence with a certificate of the trial judge or leave of the Court of Appeal. [10] For this purpose, sentence includes any order made by a court when dealing with the offender. [11]
Criminal appeals made on the ground that the jury's guilty verdict was unsafe and unsatisfactory have been some of the most controversial legal cases in Australia. Both the Lindy Chamberlain case , as well as the appeal that led to the acquittal of George Pell were appeals made on the unsafe verdict ground before the High Court.