Consider the following scenario: You are a criminal defense attorney, and your client has just been found guilty by a U.S. district court in Illinois. in 200-300 wors
What are your options for appeal? Describe the appeals process all the way to the U.S. Supreme Court.
What is the likelihood that your case will end up there?
Who are the Supreme Court justices and chief justice who may or may not decide to hear your case?
ROll no.
After a defendant is found guilty in federal court, he may appeal the verdict, the sentence imposed by the court, or both. The first step is to file a Notice of Appeal.
The appeal will first be heard by a panel of three judges. The defendant submits a written brief explaining what mistakes were made by the trial court. The government then has the opportunity to submit a brief in reply, explaining that no mistakes were made or that, if they were, they were harmless error that did not affect the final verdict. The Court of Appeals will usually decide the case on the briefs. However, sometimes, the court will ask the parties to present oral arguments. In that case, each side has fifteen minutes to explain why he should win. The judges may interrupt to ask questions. Some time later, the Court will issue a decision. If the defendant disagrees with the Court's conclusion, he can seek rehearing before the full court. The full Court may decline to hear the case.
Finally, the defendant can file a petition for writ of certiorari with the Supreme Court of the United States. The Court declines the vast majority of these requests without opinion. A refusal to review the case is not adjudication on the merits. If the Court accepts the case, each party will submit a brief, and then appear before the court for oral arguments. Again, the court may interrupt to ask questions. Some time after the argument, the Court will issue a written decision. The defendant cannot appeal a decision by the Supreme Court of the United States.
Do your own law homework.
As a criminal defense attorney, if your client has been found guilty by a U.S. district court in Illinois, you have several options for appeal. The appeals process in the U.S. consists of multiple levels, including appellate courts and ultimately the U.S. Supreme Court. Here's an overview of the process:
1. Direct Appeal to U.S. Court of Appeals: The first step is to file an appeal with the U.S. Court of Appeals for the relevant circuit. For Illinois, it falls under the jurisdiction of the U.S. Court of Appeals for the Seventh Circuit. This court reviews the trial court's decision to ensure that proper legal procedures were followed and that there were no errors in the application of the law.
2. En Banc Review or Certiorari: If the appeal to the U.S. Court of Appeals is unsuccessful, you can request either an en banc review or a writ of certiorari. An en banc review involves a larger panel of judges from the Court of Appeals reconsidering the case. A writ of certiorari is a request to the U.S. Supreme Court to hear the case. However, it is important to note that the Supreme Court has discretion in deciding which cases it will hear, and it only accepts a small percentage of the requests it receives.
3. U.S. Supreme Court: If the U.S. Supreme Court grants a writ of certiorari and agrees to hear the case, the highest court in the country will review it. The Supreme Court examines federal legal issues, constitutional questions, and conflicts between different circuits. If the Supreme Court decides to hear the case, it will review the record from the lower courts and hear oral arguments from both sides. After considering the arguments, the Court will issue a ruling.
The likelihood of a case reaching the U.S. Supreme Court depends on various factors, such as the legal importance and complexity of the case, whether it involves a significant legal question, and any conflicts between different courts' interpretations of the law. The Supreme Court receives thousands of appeals each year but only selects a small number of cases for review, typically less than 1%.
As for the Supreme Court justices who may decide to hear your case, there are currently nine justices. They are: Chief Justice John G. Roberts Jr., and Associate Justices Clarence Thomas, Stephen G. Breyer, Samuel A. Alito Jr., Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, and Amy Coney Barrett. Each justice, together with their law clerks, decides which cases they will review based on various factors, including the legal significance and impact of the case.
It's important to consult with legal professionals to understand the specific details of your case and to navigate the appeals process effectively.