What Constitutes Grounds for Appeal?
A guilty verdict alone is not grounds for an appeal. There must be specific points of law and due process considerations that indicate you did not receive a fair trial. In general, the following kinds of issues determine whether or not there are grounds for an appeal: • Evidence issues: The manner in which evidence is presented, included, or excluded at trial may be grounds for an appeal. Did the judge misapply rules of law in excluding or including certain evidence at trial? Was the evidence exculpatory in nature, prejudicial, or important for considering alternative suspects? Likewise, tampering with evidence or witness testimony on the part of police or the prosecution can also be grounds for an appeal. • Procedural issues: Due process is important in ensuring the accused receives a fair trial. Failure to follow proper procedure on the part of the judge or the prosecutor may be unduly prejudicial to you, the accused. Here, testimony may be allowed that should be excluded, jurors may