Appeal of State Court Decisions - Explained
Review of State Trial Court Cases
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is an Appeal in the State Court System?
The state appellate court reviews trial court cases to determine whether the law was applied correctly at trial or to determine whether the law as applied is Constitutional.
What is the Process for Appeal in the State Court System?
The appellate procedure in state court is similar to that of the federal system.
The state court may defer a decision on an issue for appeal.
Also, a losing party may request an appeal based upon an error of procedural or substantive law.
Decisions from the trial court go to the intermediate court of appeals unless the state does not have an intermediate court of appeals or state statute requires appeal directly to the state supreme court.
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