Disillusioned2017
New Member
- Jurisdiction
- Washington
Concerning "clerk's papers" provided to appellate court from superior court-is it proper for information to be redacted? Up to 1/2 page in some cases.
Direct Appeal
- Thread Starter Disillusioned2017
- Start date
army judge
Super Moderator
Does the redaction matter?
I mean in a legal sense, it shouldn't matter substantively in regards to your appeal.
You were part of the trial.
You know who was there, and what was said.
If you just gotta know, buy a transcript of the proceedings.
Disillusioned2017
New Member
Comparing transcripts-thus the question. I think it matters, redactions point directly to another's guilt and/or defense theory of the case.
army judge
Super Moderator
Do you understand what one is allowed to address during an appeal?
An appeal doesn't allow one to retry the matter.
The basis for any appeal must be reversible error in the application of the law at the trial court level (i.e., based on the facts, the court clearly misapplied the law).
In criminal cases, an appeal can targets the conviction or the sentencing portion of the decision, without regard to the underlying conviction.
If a defendant is properly convicted of manslaughter but a judge sentences the defendant to a prison term that is beyond the limit of the law, the defendant will only appeal the prison term, the conviction can't be attacked.
An appeal may be filed only after a final judgment or order has been reached by the trial court. This is solely for reasons of efficiency, judicial economy; so that the court system isn't bogged down by delays and trials aren't constantly put on hold while waiting for appeals of every court ruling.
At the conclusion of a trial, the losing party may also make direct appeals (e.g., motion for a new trial, motion for a directed verdict) to the presiding judge to immediately overrule the jury's decision, but these are rarely successful.
