Appeals Process

1313 WordsMay 2, 20156 Pages
APPEALS PROCESS KENNETH SPAULDING CJS/220 UNIVERSITY OF PHOENIX MAY 7 2015 APPEALS PROCESS An appeal is a right you usually have after a final decision of a court or government agency. If you don’t agree with the decision of the court or agency, you can have the decision reviewed by a higher court or agency, and sometimes a court can review an agency’s decision. Almost all appeals have to be filed in writing. All appeals have to be filed within a certain time, called the appeal period. Sometimes you have to post an appeal bond, of cash or property, within a certain time, to appeal from a lower court to a higher court. A typical appeal in a criminal case is from a conviction following a trial. The defendant will allege to the…show more content…
That is a powerful advantage. Whoever is expected to testify in the case should review the initial appeal letter. Use the same physician for most appeals. This allows you to train the physician on both the regulatory framework and the art of testimony. Using a “designated” physician allows you to build a small team of individuals who can learn and work together. Each appeal can build on lessons from past successes and failures. Having a consistent team is probably the best tip for improving your appeals. EXAMPLE OF REAL-WORLD CASE (CBS/AP) SAN FRANCISCO - Convicted murderer Scott Peterson filed an automatic appeal to the California Supreme Court on Thursday, eight years after he was sentenced to death for the murders of his wife and unborn son. In the appeal, his lawyer argued that the overwhelming publicity the trial received, incorrect evidentiary rulings, juror misconduct and other errors deprived Peterson of a fair trial. A San Mateo County jury found the former fertilizer salesman guilty of suffocating Laci Peterson and dumping her in the San Francisco Bay on Christmas Eve 2002. Peterson was convicted in 2004, although he maintained his innocence throughout the trial. He claimed that Laci was killed sometime in the morning of Dec. 24, 2002 after he left their Modesto home to go fishing in the San Francisco Bay. Death penalty lawyer Cliff Gardner noted that Peterson was convicted and sentenced to death
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