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United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as de novo and abuse of discretion. However, most appeals begin when a party files a petition for review to a higher court for the purpose of overturning the lower court's decision.
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict regardless of whether they believe a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses.
A writ of coram nobis is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. The term coram nobis is Latin for "before us" and the meaning of its full form, quae coram nobis resident, is "which [things] remain in our presence". The writ of coram nobis originated in the courts of common law in the English legal system during the sixteenth century.
The Bosnian genocide refers to either the Srebrenica massacre or the wider crimes against humanity and ethnic cleansing campaign throughout areas controlled by the Army of Republika Srpska (VRS) during the Bosnian War of 1992–1995. The events in Srebrenica in 1995 included the killing of more than 8,000 Bosniak men and boys, as well as the mass expulsion of another 25,000–30,000 Bosniak civilians by VRS units under the command of General Ratko Mladić.
Diplock courts were criminal courts in Northern Ireland for non-jury trial of specified serious crimes. They were introduced by the Northern Ireland Act 1973 and used for serious and terrorism-related cases during the Troubles. The Justice and Security Act 2007 ended the automatic use of non-jury trials for scheduled offences but they are still used in Northern Ireland upon certification by the Director of Public Prosecutions on a case-by-case basis.
The Criminal Cases Review Commission (CCRC) is the statutory body responsible for investigating alleged miscarriages of justice in England, Wales, and Northern Ireland. It was established by Section 8 of the Criminal Appeal Act 1995 and began work on 31 March 1997. The commission is the only body in its area of jurisdiction with the power to send a case back to an appeals court if it concludes that there is a real possibility that the court will overturn a conviction or reduce a sentence. Since starting work in 1997, it has on average referred 33 cases a year for appeal.
The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005, until October 1, 2006.
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps.
In the United States military, the Army Court of Criminal Appeals (ACCA) is an appellate court that reviews certain court martial convictions of Army personnel.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Yasui v. United States, 320 U.S. 115 (1943), was a United States Supreme Court case regarding the constitutionality of curfews used during World War II when they were applied to citizens of the United States. The case arose out of the implementation of Executive Order 9066 by the U.S. military to create zones of exclusion along the West Coast of the United States, where Japanese Americans were subjected to curfews and eventual removal to relocation centers. This Presidential order followed the attack on Pearl Harbor that brought America into World War II and inflamed the existing anti-Japanese sentiment in the country.
The Air Force Court of Criminal Appeals (AFCCA) is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under 10 U.S.C. § 866(a). The Court hears and decides appeals of United States Air Force court-martial convictions and appeals pendente lite. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions.
R v Paul Chambers, popularly known as the Twitter Joke Trial, was a United Kingdom legal case centred on the conviction of a man under the Communications Act 2003 for posting a joke about destroying an airport on Twitter, a message which police regarded as "menacing". The conviction in the Magistrates' court was widely condemned as a miscarriage of justice, but was upheld on appeal to the Crown Court. Chambers appealed against the Crown Court decision to the High Court, which would ultimately quash the conviction.
Regina v Armel Gnango[2011] UKSC 59 is the leading English criminal law case on the interaction of joint enterprise, transferred malice, and exemption from criminal liability where a party to what would normally be a crime is the victim of it. The Supreme Court held, restoring Gnango's conviction for the murder of Magda Pniewska, that he was guilty of murder notwithstanding the fact that he had not fired the shot which killed Pniewska during the shoot out which led to her death, and that the fatal shot had been fired by his opponent in an attempt to kill him. The judgment of the Supreme Court has been criticised over the alleged extent to which it was designed to mollify public opinion, and in the context of debates over the nature of the doctrine of joint enterprise.
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence. This takes place through different legal actions, known as filing an appeal or a federal habeas corpus proceeding. The goal of these proceedings is exoneration, or proving a convicted person innocent. If lacking representation, the defendant may consult or hire an attorney to exercise his or her legal rights.
Fundamental error is a legal term provided by United States Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the U.S. Supreme Court. State courts within the United States may define fundamental error rules independently of the federal courts. State fundamental error rules may include errors which violate rights in additional to those rights guaranteed by the U.S. Constitution, but these rules may not infringe upon federal fundamental rights. Any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose.
United States v. Morgan, 346 U.S. 502 (1954), is a landmark decision by the United States Supreme Court which provides the writ of coram nobis as the proper application to request federal post-conviction judicial review for those who have completed the conviction's incarceration in order to challenge the validity of a federal criminal conviction.
Hirabayashi v. United States, 828 F.2d 591, is a case decided by the Ninth Circuit Court of Appeals and recognized for both its historical and legal significance. The case is historically significant for vacating the World War II–era convictions of Japanese American civil rights leader Gordon Hirabayashi. Those convictions were affirmed in the Supreme Court's 1943 decision Hirabayashi v. United States. The case is legally significant for establishing the standard to determine when any federal court in the Ninth Circuit may issue a writ of coram nobis.
Miriam Ruth Moskowitz was an American schoolteacher who served two years in prison after being convicted for conspiracy as an atomic spy for the Soviet Union.
References
- ↑ "Carc3538". Archived from the original on 8 December 2014. Retrieved 4 December 2014. Second appeal judgment
- ↑ http://news.bbc.co.uk/1/hi/northern_ireland/8570261.stm BBC report of third appeal verdict
- ↑ http://www.u.tv/News/Cleared-Christy-Walsh-slams-PPS/1a22faba-55ac-46c6-a7ec-d5f7aed4b495/ Ulster Television report of verdict
- ↑ 3rd (successful) appeal judgment Archived 2014-12-08 at the Wayback Machine
- ↑ Christy Walsh's own website
- ↑ Writ of Coram Nobis Archived 2014-12-08 at the Wayback Machine