Cameron Miranda
In the US legal system, appeals are usually based on arguments that errors were made in the trial procedure or in the judge's interpretation of the law. An appellant cannot raise issues for the first time on appeal, except in the case of changes to the law. Appeals courts do not consider new witnesses or evidence, but they may send a case back to a lower court and order the trial court to take further action, such as reconsidering the facts or taking additional evidence.
| Characteristics | Values |
|---|---|
| General rule | An appellant cannot raise new issues for the first time on appeal |
| Exception | Changes in the law while a case is pending on appeal may present an additional argument to raise |
| Exception | To prevent a miscarriage of justice |
| Exception | When a case is unusual in nature or the appellate court's decision could have a serious influence over future similar cases |
| Grounds for appeal | Insufficient evidence |
| Grounds for appeal | Prosecutorial misconduct |
| Grounds for appeal | Errors in the trial procedure or errors in the judge's interpretation of the law |
| Grounds for appeal | Errors of law, e.g. admitting improper evidence |
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What You'll Learn
A change in the law affecting the outcome of the case
Generally, an appellant cannot raise new issues on appeal. However, there are exceptions to this rule, such as when there is a change in the law affecting the outcome of the case. In such cases, appellate courts may consider new arguments based on the change in the law, even if they were not presented at the trial court level.
For example, in Morris v Radley, the Michigan Supreme Court addressed whether a governmental entity that was not entitled to immunity at the time of the trial could take advantage of a new decision recognizing immunity on appeal. The Court acknowledged the general rule that objections not properly and timely presented to the lower court will be ignored on review. However, it also asserted its right to consider manifest and serious errors, even if the appealing party did not raise the issue initially.
In another case, Walters v Nadell, the Michigan Supreme Court explained that litigants must preserve issues for appellate review by raising them in the trial court. Failure to do so waives the right to review that issue on appeal. This principle was further emphasized in In re Forfeiture of Certain Personal Property, where the court stated that issues and arguments raised for the first time on appeal are generally not subject to review.
Despite these rulings, there have been instances where appellate courts have deviated from the strict application of this rule. For instance, in Klooster v City of Charlevoix, the Supreme Court noted that the preservation requirement is not an inflexible rule and can yield to the necessity of considering additional issues for a proper determination of a case. Similarly, the Sixth Circuit in Golden v. Kelsey-Hayes, Co. stated that they would deviate from the rule requiring issues to be raised in the trial court only in exceptional circumstances, such as when following the rule would cause a miscarriage of justice.
It is important to note that the retroactive application of statutes and judicial decisions can be complex. While judicial decisions are generally given full retroactive effect, congressional enactments and administrative rules are not construed as having retroactive effect unless explicitly stated or implied.
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Prosecutorial misconduct
Another form of prosecutorial misconduct is knowingly introducing false evidence, such as hearsay, character evidence, or false testimony. For example, if a prosecutor's only evidence in a felony hit-and-run case is testimony from a law enforcement officer claiming the defendant confessed, and the prosecutor knows the officer is lying, it would be misconduct to allow perjury.
Additionally, it is misconduct for a prosecutor to make inflammatory comments that appeal to the passions of the jury rather than the evidence presented. For instance, during a child molestation trial, the prosecutor may state, "None of your own children will be safe if you let a predator like this back on the street." This type of “safe streets” argument is considered misconduct as it appeals to the jury's general fear of crime.
In the case of prosecutorial misconduct, defendants may be entitled to a mistrial, a new trial, or dismissal of charges. Prosecutorial misconduct can be raised on direct appeal, but a record of the misconduct must be made during the trial. Otherwise, it is often raised through a writ of habeas corpus.
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Insufficient evidence
Appeals in civil or criminal cases are usually based on arguments that errors occurred in the trial procedure or in the judge's interpretation of the law. The appellant must prove that an error occurred and that this error affected the outcome of the trial. For example, in a criminal case, a higher court may conclude that the trial judge gave a legally improper instruction to the jury. However, if the mistake was minor and did not influence the jury's finding, the appellate court may consider it a harmless error and uphold a guilty verdict.
On the other hand, an error of law, such as admitting improper evidence, may be deemed harmful and, therefore, a reversible error. The appellate court determines whether errors occurred in applying the law at the lower court level. It will generally reverse a trial court's decision only for an error of law. However, not every error of law warrants a reversal. The burden is on the prosecution to prove its case beyond a reasonable doubt.
In some cases, the prosecution may fail to meet this standard, and the jury convicts the defendant due to personal bias or other reasons. This situation may provide grounds for an appeal based on insufficient evidence. The appellant's legal team may argue that the evidence was insufficient to prove their client's guilt and that the verdict contradicted the weight of the evidence presented to the jury. If new evidence emerges after the trial, an attorney may argue that the case outcome was impacted by incorrect information or evidence.
When the appellate court overturns a lower court's judgment, it typically remands the case to a lower court and orders further action. The appellate court may instruct the trial court to reconsider the facts, admit additional evidence, or consider the case in light of a recent appellate court decision.
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Errors in trial procedure
An appeal is a formal request to a higher court to review the decision of a lower court in a trial. It is not a new trial, and no new evidence or witness testimonies are presented. Appeals are decided by panels of three judges, who hear legal arguments from both sides. The appellant must demonstrate that an error occurred during the original trial, and that this error significantly impacted the outcome of the case.
There are several errors in trial procedure that may be grounds for appeal. One such error is jury misconduct. In the case of Weathers v. Kaiser Foundation Hospitals (1971), it was established that a litigant seeking a new trial on the grounds of jury misconduct must first aver in supporting affidavits that neither they nor their attorney were aware of the misconduct until after the verdict was returned. In other words, a claim of jury misconduct must be raised in a motion for a new trial, supported by affidavits, before it can be reviewed on appeal.
Another potential error in trial procedure that may be grounds for appeal is false arrest. This occurs when an arresting officer does not have the proper authority to arrest a defendant, either due to a lack of probable cause or the absence of an arrest warrant. Sixth Amendment violations, including delays in trial caused by the court or prosecutor, can also be grounds for appeal.
It is important to note that the appeals process can be long and complicated, and it is often the last stop in the legal process when an individual's livelihood, freedom, or life is at stake. Once an appellate court makes a ruling, the case typically ends there. Therefore, it is crucial for appellants to build a strong case for appeal and present it effectively to the judges.
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Errors in the judge's interpretation of the law
Appeals in both civil and criminal cases are often based on arguments that there were errors in the judge's interpretation of the law. The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal.
Appellate courts often issue written decisions, particularly when the decision deals with a new interpretation of the law or establishes a new precedent. At the conference, one judge will be designated to write an opinion. If the appeals court affirms the lower court's judgment, the case ends unless the losing party appeals to a higher court. The lower court decision also stands if the appeals court simply dismisses the appeal (usually for reasons of jurisdiction).
The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. Not every error of law, however, is cause for a reversal. For example, in a criminal case, a higher court may conclude that the trial judge gave a legally improper instruction to the jury, but if the mistake was minor and, in the opinion of the appellate court, had no bearing on the jury's finding, the appellate court may hold it a harmless error and let a guilty verdict stand. However, an error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible.
On occasion, a development in the law while a case is pending on appeal may present an additional argument to raise. Although the general rule is that an appellant cannot raise issues for the first time on appeal, Michigan and federal courts have recognized an exception for changes in the law. As a general matter, an issue that is not preserved in the trial court will not be considered on appeal.
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Frequently asked questions
An appeal is a request for a change in the official decision made by a court of law. The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent.
Appeals are usually based on arguments that there were errors in the trial procedure or errors in the judge's interpretation of the law. Other grounds for an appeal include insufficient evidence, and prosecutorial misconduct.
If the appeals court affirms the lower court's judgment, the case ends, unless the losing party appeals to a higher court. The lower court decision also stands if the appeals court simply dismisses the appeal.
Generally, an appellant cannot raise new issues on appeal. However, Michigan and federal courts have recognized an exception for changes in the law while a case is pending on appeal.
