Benjamin Levine, managing partner of Benjamin Levine Law, was recently quoted in A&E Crime + Investigation discussing why criminal appeals are often misunderstood by defendants and the public.
The article explains that appeals are not retrials but instead focus on whether legal errors occurred during the original proceedings.
“When a criminal defendant is convicted at trial, many people assume the next step is an appeal and that an appeal is simply another chance to argue the case,” Levine told A&E. “In reality, the appellate process is far more limited, technical and risky than most people realize.”
“Appellate courts do not re-hear testimony, reassess witness credibility or reweigh evidence the way a jury or trial judge does,” he added.
Instead, appellate courts evaluate whether a legal error occurred and whether it materially affected the outcome of the trial. Because of this narrow standard of review, only a small percentage of criminal appeals result in reversals.
Read the full article at A&E: Why Criminal Appeals Are Rarely Successful