Glen Burnie & Anne Arundel County Criminal Defense Law Firm

Understanding the appeal process and your right to appeal

The Law Office of Robert A. Siegel, P.A. is a criminal defense law firm in Anne Arundel County that represents clients at the state and federal appellate levels.

The Maryland appeals process

Appealing a verdict means taking the case to a higher court for review and decision. Two types of Maryland courts hear appeals. The first level of appeal is the Court of Special Appeals, which is an intermediate court. The next and highest level of appeal is the Court of Appeals, often called the Supreme Court in other states.

For the most part, the Court of Appeals can be selective about cases it hears. However, it is required by law to decide cases that involve:

The death penalty
Removals of certain state officials

Legislative redistricting
Certification of questions of law

The federal appeals process

For cases under federal jurisdiction, there are U.S. circuit courts of appeal that hear cases from district courts located within their circuit. The U.S. Supreme Court is the highest appellate court in the federal justice system and consists of nine judges (justices). The U.S. Supreme Court only reviews issues relating to federal jurisdiction, such as Constitutional rights and federal statutes. Out of thousands of cases submitted every year, the Supreme Court accepts only between 100 to 150 cases for review.

What are the grounds for appeal in criminal cases?

Criminal defendants may appeal guilty verdicts, and an automatic appeal exists for death penalty cases. The prosecution is never allowed to appeal a not guilty verdict. Grounds for appeal include:

Legal errors. Some examples of legal errors are lack of sufficient evidence, improper jury instructions, and incorrectly submitted evidence. In order to reverse a verdict or demand a new trial, the appellate court must decide that the legal errors influenced the verdict. Errors that do not affect the outcome of the case are considered insignificant.

Juror misconduct. Improper communications between jury members, witnesses, counsel, or other parties tampering with the jury are considered juror misconduct.

Ineffective assistance of counsel. Proving that the criminal defense lawyer was incompetent in defending the case and that the incompetence affected the case outcome are grounds for appeal.

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