Appeals

Explore our comprehensive resources on the appeals process, featuring insightful articles, expert interviews with attorneys, and in-depth legal glossary definitions. This category provides essential information for individuals seeking to understand their rights and options in appealing court decisions, including civil and criminal appeals. Whether you're looking for guidance on filing an appeal or understanding the nuances of appellate law, our content is designed to empower you with the knowledge you need.

86 posts

Factual vs. Legal Impossibility in Attempt Crimes

January 23, 2025 • By Jack Gilbert

Most U.S. courts reject factual impossibility as a defense to attempt but may recognize legal impossibility in limited circumstances. The outcome turns on whether the defendant’s conduct would be criminal if the facts were as they believed, often applying MPC-style analysis. This article explains the distinction, leading case approaches, and how it impacts attempt charges […]

Appeals Constitutional Law

Writ of Coram Nobis: Correcting Errors After Conviction

January 5, 2025 • By Jack Gilbert

A writ of coram nobis can overturn a criminal conviction even after the sentence is completed if a fundamental error caused the conviction and no other remedy is available. Petitioners must show valid reasons for delay and continuing collateral consequences like deportation or loss of rights. This article explains eligibility, standards, procedure, and when coram […]

Appeals Civil Rights

Criminal Contempt: Consequences of Disrespecting the Court

January 5, 2025 • By Jack Gilbert

Criminal contempt can result in immediate sanctions, including up to 6 months in jail without a jury trial in many cases. Courts use it to punish willful disobedience of court orders or conduct that disrupts proceedings and threatens judicial authority. This article explains what qualifies as criminal contempt, typical penalties, and key defenses. The concept […]

Appeals Criminal Defense Strategies

Diversion Programs: Avoiding Criminal Convictions

January 2, 2025 • By Jack Gilbert

Diversion programs can let eligible defendants avoid a criminal conviction by completing court-approved requirements instead of proceeding to trial or sentencing. They typically involve treatment, counseling, community service, restitution, or education, and successful completion may lead to dismissed or reduced charges. This article explains how diversion works, who may qualify, common program terms, key deadlines, […]

Appeals Criminal Defense Strategies

Hearsay Evidence: Exceptions in Criminal Trials

January 2, 2025 • By Jack Gilbert

Hearsay is generally inadmissible in criminal trials, but courts routinely admit it under well-defined exceptions when reliability and necessity are shown. These exceptions can determine whether key out-of-court statements reach the jury and may raise Confrontation Clause issues for the defense. This article explains what counts as hearsay, outlines major criminal-trial exceptions, and shows how […]

Appeals Constitutional Law

Corpus Delicti Rule: Proving a Crime Occurred

December 31, 2024 • By Jack Gilbert

The corpus delicti rule requires independent evidence that a crime occurred before an out-of-court confession can support a conviction. This protects against wrongful convictions based solely on admissions or coerced statements. This article explains what prosecutors must prove, common exceptions, and how courts apply the rule. The corpus delicti rule stands as a fundamental principle […]

Administrative Law Appeals

Legal Remedies for Arbitrary and Capricious Agency Actions

December 30, 2024 • By Jack Gilbert

Courts can set aside an agency action as “arbitrary and capricious” under the APA’s 5 U.S.C. § 706(2)(A) standard. Review focuses on whether the agency considered relevant factors and explained its decision with record evidence. This article covers the test, common grounds for reversal, and practical steps for challenging agency conduct. When government agencies overstep […]

Appeals Civil Law

Can a decision be overturned simply because it is unpopular or controversial?

December 30, 2024 • By Jack Gilbert

No—0 U.S. court decisions can be overturned solely because they are unpopular or controversial. Reversal generally requires legal error, constitutional conflict, new controlling precedent, or proper appellate or legislative action. This article explains how appeals, precedent, and public opinion interact in overturning rulings. The question of whether a judicial decision can be overturned solely based […]

Appeals Criminal Charges

Duress Defense: Committing Crimes Under Threat

December 29, 2024 • By Jack Gilbert

The duress defense can excuse a criminal act when a defendant committed it under an immediate threat of death or serious bodily harm. Courts generally require proof the threat was imminent and that a reasonable person would have felt compelled, with notable limits depending on the charge and jurisdiction. This article explains the elements, common […]

Appeals Constitutional Law

Exclusionary Rule: Keeping Illegal Evidence Out of Court

December 25, 2024 • By Jack Gilbert

The exclusionary rule generally bars evidence obtained in violation of the Fourth Amendment from being used in a criminal trial. Courts apply it to deter unlawful searches and seizures, but allow exceptions like good faith, inevitable discovery, and independent source. This article explains what the rule is, when it applies, and the main exceptions. The […]

Appeals Constitutional Law

Brady Violations: When Prosecutors Withhold Evidence

December 23, 2024 • By Jack Gilbert

A Brady violation occurs when prosecutors fail to disclose material evidence favorable to the defense under Brady v. Maryland. This can warrant a new trial, dismissal, or other relief if the suppression undermined trial fairness. This article explains the Brady rule, what counts as “material” evidence, and steps defendants can take. The integrity of our […]

Appeals Constitutional Law

Three Strikes Laws: Harsh Penalties for Repeat Offenders

December 23, 2024 • By Jack Gilbert

Three strikes laws typically impose a mandatory sentence of 25 years to life after a third qualifying felony conviction. Enacted widely in the 1990s, these statutes aim to incapacitate habitual offenders but raise concerns about proportionality and fairness. This article explains their origins, how states apply them, and major reforms and criticisms. Three strikes laws […]

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