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The Role of the Appellate Court in New Jersey Criminal Appeals
The Role of the Appellate Court in New Jersey Criminal Appeals
So you or your client were convicted of a crime in New Jersey and you want to appeal. Where does your case go next and what exactly does the appellate court do? We’ll walk through the role of the Appellate Division of New Jersey Superior Court in handling criminal appeals. Buckle up, there’s a lot ground to cover on this winding road of criminal procedure and precedent.
First things first – what is an appeal anyway? An appeal is a request to a higher court to review a decision made by a lower court. In New Jersey, the Appellate Division of Superior Court handles appeals from convictions in the New Jersey Superior Court – Criminal Division. Defendants have an appeal as of right from final judgments of conviction. The appellate court then reviews the proceedings below for any mistakes or errors. This is called “appellate review.”
So why might someone appeal a criminal conviction? Well, there are loads of reasons – issues with pretrial motions, evidentiary rulings by the judge, jury selection questions, jury instructions, sentencing, and plenty more. The overarching question is usually: was there some mistake made that substantially affected the outcome or the fairness of the trial? If so, the appellate court may reverse the conviction and send the case back for a new trial.
The Standard of Review
A key concept in appeals is the “standard of review.” This means how much deference does the appellate court give to the trial judge and jury who saw and heard all the evidence. For issues of fact and credibility – like witness testimony and evidence – the appellate court defers a lot to the jury and trial judge. But on issues of law – like interpreting statutes or case precedent – the review is “de novo” meaning no deference. Appellate judges will scour the trial record and apply the law to the facts.
What Kinds of Issues Can Be Appealed in Criminal Cases?
There are loads of issues that can be raised on appeal – ranging from constitutional claims, evidentiary challenges, jury issues, sentencing appeals, and ineffective assistance of counsel arguments.
Some examples include:
- Fourth Amendment issues like an unlawful vehicle search or invalid arrest warrant leading to suppression of key evidence.
- Fifth Amendment claims like the denial of a defendant’s right not to testify.
- Sixth Amendment arguments like the right to an impartial jury, the right to confront witnesses against you, or the right to effective assistance of counsel.
- Evidentiary challenges arguing the trial judge improperly allowed or excluded certain evidence at trial that substantially affected the verdict.
- Jury selection issues like the prosecution using peremptory challenges in a discriminatory way.
- Jury instruction problems when the judge failed to properly explain the law and charges to the jury before deliberations.
- Sentencing appeals arguing the punishment was illegal or excessive under the circumstances. This could be challenging mandatory minimum sentences too.
The list goes on and on. New Jersey criminal statutes and court rules provide many avenues for appeal.
Post-Conviction Relief Appeals
Another form of appeal you see sometimes is called a “petition for post-conviction relief” (PCR). This is a collateral attack on a criminal conviction filed after the direct appeal is over. A PCR allows defendants to bring constitutional claims related to their conviction and sentence that could not have been raised earlier. This includes ineffective assistance of counsel arguments and newly discovered evidence claims. The appellate court reviews the denial of a PCR petition for abuse of discretion based on established court precedent.
The Mechanics of Filing a Criminal Appeal
The process for initiating a criminal appeal begins by filing a “Notice of Appeal” within 45 days of the conviction. This puts the wheels in motion for assembling the full trial court record transcript needed for appellate review. Those transcripts can be thousands of pages long!
Once filed, the appeal gets assigned to a three-judge appellate panel. Appellate judges in New Jersey are generally former trial judges with years of legal experience. The appellant then files their formal appellate brief detailing what issues they are raising and why the conviction should be reversed or vacated. The State responds with their own answering brief. The court may also allow oral arguments where each side appears before the panel to argue their positions on the law and facts.
After reviewing all the papers and oral arguments, the appellate judges confer and issue their written decision – called an “opinion” – as a panel. Unlike jury verdicts which just state “guilty” or “not guilty”, appellate opinions dive deep into the legal analysis and precedents behind the court’s decision. Opinions interpret statutes, establish legal standards, and build upon prior case law guiding future courts.
Given the part-time nature of the Appellate Division, this whole appeal process can take anywhere from a year to several years depending on the complexity of issues raised. Defendants who lose at the Appellate Division can also appeal up to the Supreme Court of New Jersey and even the U.S. Supreme Court in certain cases. But those further appeals are discretionary.
What Remedies Can the Appellate Court Give in Criminal Appeals?
So what happens if you win your appeal? Well, several things potentially:
Remand for a New Trial. Frequently, appellate reversals result in the case getting sent back (“remanded”) to the trial court for further proceedings or a whole new trial if errors were so serious they affected substantial rights or the fairness of the trial.
Sentence Reversal or Reduction. The appellate court also reviews criminal sentences for excessiveness or illegality issues. They can reduce or change a defendant’s punishment if certain mitigating factors justify leniency under New Jersey’s sentencing laws.
Reverse and Vacate the Conviction. In other cases, the appellate court may reverse the conviction fully and vacate the judgment of guilt. This occurs when errors deprived the defendant of core constitutional rights that can’t be remedied by a new trial. For example – evidentiary errors leading to admission of coerced confessions or confrontational clause violations.
Remand for an Evidentiary Hearing. The appellate court can also remand for what’s called a “testimonial hearing” in the trial court if certain factual issues need expansion like in ineffective assistance of counsel claims.
Published vs. Unpublished Opinions. One other key aspect of appellate decisions is whether they get officially published by the court reporter or not. Published opinions set binding precedent for future cases on those novel or complex issues of law. Unpublished opinions are case-specific decisions usually applying settled law and principles to the facts. So securing a published opinion can shape New Jersey jurisprudence more broadly.
Conclusion
Appealing criminal convictions is a complex balance of procedure and precedent. The Appellate Division strives to ensure constitutional rights were protected at trial while respecting our system of trial by jury. While daunting, the appeals process serves as an indispensable safeguard of individual rights from overreach by the State. Understanding how appellate courts review lower court decisions helps set client expectations and frame issues for success. With sharp legal analysis and mastery of the record, appellate victories can be achieved and justice advanced through reversal of unjust verdicts.
So in navigating this winding road of appeals in New Jersey courts, stand on the shoulders of past precedent but keep pushing for that higher legal ground! Let me know if you have any other questions!