THE PATH OF A CASEHow a case progresses from a trial court to an appellate court

How does a case progress?

Loser at this level appeals to an

appellate courtTrial Court

Loser at this level may appeal to the highest appellate court. This court reviews the trial

court’s decision.

Intermediate Appellate

Court

Reviews the decision of the intermediate

appellate court. Ruling is final.

High Appellate

Court

Trial Court

After a person has been charged with a crime, the case is assigned to a court.

If the defendant pleads guilty or is found guilty, then the defendant may, under certain circumstances which will be discussed later, appeal the decision to an appellate court. (The prosecution may only appeal under very limited circumstances).

Appellate Court

Purpose: to review the decisions made by the trial court or intermediate appellate court.

The appellate court then determines whether or not the trial court/intermediate appellate court erred in its application of the law. Stated another way, the appellate court will decide if a lower court made any mistakes.

Try this analogy…

Appellate Analogy: Football

Picture the referee on the field who witnesses a rule

violation and throws the yellow flag. The team to whom the

penalty is assessed may not agree and the team’s coach

may appeal to the Booth Referee to review the field

referee’s call. If the Booth Referee sides with the coach,

then the team is not charged with a timeout; however, if

the Booth Referee agrees with the Field Referee then the

team that objected is charged with a time out and the field

ruling stands.

How does an appellate court rule? If the judge(s) agree (most appellate courts have

more than one judge and operate as a panel of judges), the appellate court issues an opinion (the source of case briefs) in which it affirms the ruling of the trial court.

If the judge(s) disagree with the decision(s) of the trial court, then the appellate court will overturn the trial court’s decision (completely throw it out) or reverse and remand (get rid of the trial court’s decision and instruct the trial court to hear the case again according to the rules the appellate court notes).

What types of opinions can an appellate court issue?

Majority Opinion: The majority opinion is supported by the majority of the members of the appellate court. This means that more judges than not agreed to a certain position. This is the opinion that becomes law in the form of precedent.

Concurring Opinion: This opinion is used by judges that agree with the holding of the majority opinion but not necessarily the reasoning used by the majority.

Dissenting: These judges disagree with the holding of the court and with the reasoning employed by those in the majority. This is really used to voice the perspective(s) of the justices that did not get his/their way. Dissenting opinions are often cited by those who wish to argue for a change in precedent.

Progression of a Case in a State Court

Trial Court

Intermediate Appellate Court

High Court(can only appeal to SCOTUS if a federal question exists. Example: Brown v. Board claimed Constitutional amendment violation).

Supreme Court of

the United States

(SCOTUS)

Progression of a Case in Federal Court

District Court

Circuit Court

Supreme Court of the United States (SCOTUS)

Remember…

A person is said to have “run out of appeals” when the highest court rules or declines to hear the appeal.