Consider the follow scenario: You are a criminal defense attorney, and your client has just been found guilty by the U.S. district court in Illinois. Respond in 200-300 words with these questions.
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?
Could you please help? I'm not finding any information that describes the "appeals process."
I need a credible site that gives good details on this process from the district courts to the Supreme Court.
Hmm -- I Googled appeals process criminal and found these sites.
http://www.uscourts.gov/understand03/content_6_5.html
http://en.wikipedia.org/wiki/Appeal
http://www.expertlaw.com/library/criminal/criminal_appeals.html
http://www.abanet.org/crimjust/standards/crimappeals_toc.html
I figured I wasn't being vague enough in my searches, I just couldn't think of the right way to word it I guess...Thank you so much for your help!!
You're very welcome.
As a criminal defense attorney, when your client has been found guilty by the U.S. district court in Illinois, you have several options for appeal. The appeals process is a way to request a higher court to review the decision made by the lower court and potentially reverse or modify it. Let's walk through the general steps of the appeals process, including the path to the U.S. Supreme Court.
1. Direct Appeal to the U.S. Court of Appeals: The first step is to file a notice of appeal with the U.S. Court of Appeals for the appropriate circuit. In the case of Illinois, it typically falls under the jurisdiction of the Seventh Circuit Court of Appeals. The appeal will be reviewed by a panel of judges who will examine the trial court record, including transcripts, evidence, and legal arguments. During this process, the appellate court primarily focuses on legal errors made by the trial court.
2. En Banc Review: If you are dissatisfied with the decision of the panel of judges at the U.S. Court of Appeals, you may request an en banc review. This means the entire panel of judges from that circuit will reconsider the decision, rather than just a subset. En banc reviews are discretionary, and the court will decide whether to grant it or not.
3. Petition for a Writ of Certiorari to the U.S. Supreme Court: If the U.S. Court of Appeals upholds the district court decision, you can seek further review by petitioning the U.S. Supreme Court. However, it is important to note that the Supreme Court only accepts a limited number of cases each year. To increase the chances of the Court accepting your case, it should involve a significant legal issue or a conflict between different circuits of the U.S. Court of Appeals.
4. Supreme Court Decision: If the Supreme Court agrees to hear the case, both parties will make their arguments, and the Court will render a final decision. The Court can either affirm the lower court's decision, reverse it, or send it back to the lower court for reconsideration. It is crucial to note that the Supreme Court's review is discretionary, meaning they have the power to choose which cases they want to hear.
Now, let's address the Supreme Court justices. As of my last knowledge update, the justices serving on the U.S. Supreme Court are Chief Justice John Roberts, Justice Clarence Thomas, Justice Stephen Breyer, Justice Samuel Alito, Justice Sonia Sotomayor, Justice Elena Kagan, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Amy Coney Barrett. These justices, along with the Chief Justice, are responsible for hearing and deciding the cases brought before the Court. However, the decision to hear a particular case is made by a vote among the justices, and the acceptance of a case requires at least four justices in favor of hearing it.
Regarding the likelihood of your case reaching the U.S. Supreme Court, it is important to note that the Court receives a vast number of requests for review each year, but only a small fraction is accepted. The chances of your case ending up at the Supreme Court depend on various factors such as the significance of the legal issue, conflicts in the lower courts, or if the case involves a constitutional question. It is recommended to consult with an experienced appellate attorney who can evaluate the specific circumstances of your case and provide guidance on the likelihood of reaching the Supreme Court.