Chapter Fifteen
The Verdict and Appeals
In this court dissents have gradually become majority opinions.
— Supreme Court Justice Felix Frankfurter in
Graves v. New York, 360 US 466, 1939
KEY WORDS
Key terms to understand for this chapter…
•
•
•
•
•
•
•
Boykin Advisement
Curative instructions
Impaneled jury
Manifest necessity
Mistrial
New trial
Verdict
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
OBJECTIVES
After completing this chapter, you should be able to…
• Explain the meaning of a verdict.
• Discuss when a defendant is entitled to a mistrial.
• Identify when a defendant after a mistrial may be
subjected to a new trial.
• List the grounds that a defendant can use on appeal to
obtain a new trial.
• Explain the process for the pronouncement of judgment
and the arrest of judgment.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
OBJECTIVES
(cont.)
After completing this chapter, you should be able to…
• Discuss the issues regarding the release of a defendant
during an appeal.
• Explain the methods of appeal.
• List those situations in which the prosecution may
appeal.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
• Derived from the Latin word verdictum, the word
verdict means “a true declaration.”
– in a court trial, the verdict is the decision of the judge
– in a criminal trial, the verdict is the decision of the jury
• Once a verdict in a criminal trial has been agreed on,
the foreperson will advise the bailiff, who informs the
judge, who will reconvene court to receive the verdict.
• The judge usually will adjourn court while the jury
deliberates, permitting the judge to perform other tasks.
– while being available to furnish further instructions or
information that the jury may request while deliberating
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
• After court is reconvened, the judge will instruct the
bailiff to return the jury to the courtroom.
• After all the jurors are accounted for, the judge will ask
the foreperson whether the jury has agreed on a verdict.
– the judge may ask him/her to announce the verdict
– the judge may request it be given to the clerk to read
• The defendant must be present at the time the verdict is
announced in open court unless his/her whereabouts
cannot be determined.
– the verdict may be announced in absence of the accused
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
• After the verdict is announced, the prosecution or the
defense may request the jurors be polled individually
to determine how each voted on the verdict.
• When the verdict must be unanimous, if one or more
jurors allege that the verdict does not express all the
jurors’ opinions, the judge may instruct the jury to
return to the jury room for further deliberation.
– if the facts warrant such action, the judge may discharge the
jury and declare a mistrial
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
• If the jury returns the verdict not guilty, the defendant
is entitled to immediate release if in custody.
• If the defendant is out on bail, “security” will be
returned to the person who posted it.
– in either event, the defendant is free from further prosecution
on the crime charged.
• If the defendant is found guilty, the next procedural
step is sentencing.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
• Other matters to consider before sentencing, all of
which may affect the sentence imposed include…
– the jury may have found the defendant guilty as charged, or
guilty of a lesser degree, guilty on some charges & not others
– jury may be asked to determine if the defendant was armed at
the time that a crime was committed (enhancement).
• Once the verdict is announced in open court, it will be
recorded in the record of the case, and the jury will be
discharged unless involved in the sentencing.
• If it is a court trial, the judge has the responsibility of
rendering the verdict.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
• If the judge believes the evidence shows the defendant
was not guilty to the degree that the jury found, the
judge may modify the verdict.
– finding the defendant guilty of a lesser degree or lesser crime
• Some states permit a judge to set aside a guilty verdict
& enter a judgment of acquittal, or dismiss the charge.
– the judge’s action in this regard is usually a bar to any
further prosecutive action against the defendant
• The right to set aside the entire verdict is very powerful.
– a judge may not set aside a verdict of not guilty, since this
action would deny the defendant the right of a trial by jury
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
New Trial and Mistrial
• After a jury has returned a verdict of guilty, the defense
may request a new trial, granted only on a motion or
request of the defendant and not a judge’s own motion.
– if a new trial is granted, the case will usually be heard before
the same judge, from the beginning, but with a new jury
– grounds for granting a new trial are specifically set forth in
the codes of most states
• While it has been stated a new trial may be granted
only on statutory grounds, some courts have held that
new trials should be granted on nonstatutory grounds.
– when a failure to do so would result in a denial of a fair trial
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
New Trial and Mistrial
• One of the more frequent grounds for granting a new
trial is newly discovered evidence by the defense.
• It has been held by some courts that newly discovered
evidence must be of sufficient importance to indicate a
probable acquittal in a new trial.
• The prosecution has the right to argue against the
granting of a new trial.
• The judge may deny the motion without any argument
being presented.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
New Trial and Mistrial
• Granting a new trial is not to be confused with declaring
a mistrial.
– motion for a new trial may not be made until a verdict of
guilty has been rendered
– a mistrial may be declared anytime during trial proceedings,
on the judge’s own motion or at the request of the defense
• Prosecution right to request a mistrial is somewhat
restricted and not permitted in all jurisdictions.
• A mistrial may be declared any time there is misconduct
so prejudicial the defense would be denied a fair trial.
– the misconduct may occur anytime in the trial proceedings
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
New Trial and Mistrial
• Sometimes, rather than declare a mistrial, the judge will
instruct the jury to disregard the misconduct and inform
them that it is not to affect them in rendering a verdict.
– such admonition is not always effective, as jurors cannot
always erase something they have heard
– if the defendant is convicted, the failure to declare a mistrial
may be grounds for reversal on appeal
• A judge may declare a mistrial when the jury cannot
agree on a verdict.
• If a mistrial is declared at defense request, the case can
usually be tried again at the discretion of the prosecutor.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
New Trial and Mistrial
• The retrial is not considered a violation of the double
jeopardy guarantee, since the defendant, in requesting a
mistrial, waives the guarantee against double jeopardy.
– some jurisdictions hold unless there is cause to declare a
mistrial or the defendant agrees to the mistrial, jeopardy
may have set in, and
the defendant cannot
be retried
Jury seated in jury box in courtroom listening
to closing arguments by counsel.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
New Trial and Mistrial
• In Arizona v. Washington, the Supreme Court upheld
the action of the trial judge in declaring a mistrial at
request of the prosecution.
– when a defense attorney made improper statements to the
jury during the opening argument
• The Supreme Court stated that before a trial judge
could declare a mistrial over the objections of the
defense, it must be established that there was a
“manifest necessity” for such action.
– in other words, sufficient evidence to prove such action
should be taken
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
Pronouncement of Judgement
• If a new trial is not granted after the verdict is rendered,
the next procedure is the pronouncement of judgment.
– usually thought of as oral sentencing of the defendant
• This judgment will set forth the plea entered, the
verdict, and, if guilty, the sentence or other disposition
– all entered in the case record, reduced to a written document,
generally known as the judgment
• Technically, pronouncement of judgment is made
whether there is acquittal or conviction,
– but in many jurisdictions, it is synonymous with the
pronouncement of the sentence.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
Pronouncement of Judgement
• In a felony conviction, presence of the defendant is
required unless he/she cannot be located after due
diligent search.
– in this case, pronouncement of judgment may be made in
his/her absence
• In misdemeanors, most jurisdictions permit judgment
in the absence of the defendant.
• Jurisdictions vary somewhat in the time within which
the pronouncement of judgment must take place after a
guilty plea is entered or a guilty verdict is returned.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
Pronouncement of Judgement
• In misdemeanor convictions in some jurisdictions, the
pronouncement may be made immediately.
• Others provide pronouncement may not occur in fewer
than six hours and not more than five days.
– the six-hour limit allows time for a convicted defendant to
arrange personal affairs before serving time
• In felony convictions, a considerable delay is usually
permitted in the pronouncement of judgment.
– to permit time for a presentence investigation, in order that a
more equitable sentence may be imposed, but usually not
longer than a month
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
Arrest of Judgement
• It is to the advantage of society and the convicted to
have sentence pronounced without unnecessary delay.
– the defendant is entitled to know the sentence as soon as
possible in order that the term may begin
– in society’s interest, there is little comfort in having a felon
free on bail who may be in a position to commit other crimes
• In many jurisdictions, the judge must inquire:
– “Is there any legal reason why judgment should not be
pronounced?”
• Some jurisdictions feel the inquiry is useless, and the
defendant entitled the motion any time after the verdict.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
Arrest of Judgement
• Motion for the arrest of judgment is made on statutory
grounds, including present insanity of the defendant.
– a defendant may not be sentenced while insane
• The motion may be on the grounds there was a defect
in the accusatory pleading, not successfully challenged.
• If the motion for arrest of judgment is denied or none is
entered, the next step is pronouncement of sentence.
• In most jurisdictions, before sentence is pronounced,
the defendant is entitled to make a statement.
– generally a plea for leniency/consideration in the sentencing
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Verdict
Arrest of Judgement
• If a judge fails to grant the defendant an opportunity to
make a statement, sentence may be set aside on appeal.
• The case does not have to be retried, but sentence will
be set aside and the case be sent back for resentencing
– after the defendant has been given an opportunity to speak
• After the defendant has made a plea, if any, to the
judge or jury, he/she will be sentenced.
• Before entering into the sentencing procedure, the
appeals that may be taken by the defendant or the
prosecution should be discussed.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
By the Defendant
• The defendant’s appeal may be well founded, since some
error may have been committed, or the defendant may
appeal merely to delay serving the sentence.
• Generally, the defendant must file a notice of appeal
within a few days after pronouncement of judgment.
• A defendant has no inherent right to remain free once
convicted, as presumption of innocence is lost.
• Whether the defendant remains free or is incarcerated,
the judge in most instances will have sentenced him/her.
– if on bail, no time will be served until the outcome of appeal
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
By the Defendant
• If the conviction is affirmed or the defendant retried
after reversal, credit will be given for time incarcerated.
• If the conviction is reversed & the defendant not retried,
little can be done to compensate for the time in prison.
– other than to clear the name of the accused
• Not all appeals are made immediately after a conviction.
• Not all efforts by a defendant to appeal a conviction to an
appellate court are successful.
– sufficient grounds must be alleged in order for the appellate
court to hear the appeal
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
Method of Appeal
• Upon appeal, the defendant, through counsel or on
his/her own, will submit a brief to the appellate court
that sets forth the alleged error committed.
– with citations of appellate court decisions upholding the
contended error, and transcript of the trial proceedings
• The prosecution will submit a brief to show why the
conviction should be affirmed and not reversed.
• The appellate court will review the briefs & transcript.
– it may conclude there is no ground for appeal, and deny a
hearing on the matter
– if the court feels the appeal worthy, a hearing date will be set
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
Method of Appeal
• At the hearing, the defense attorney and prosecution’s
representative will be present to argue their sides.
– the defendant is usually not present, since he/she has no
inherent right to be present at an appeal hearing
• After the hearing, the appellate court will consider and
determine if conviction should be affirmed or reversed.
• If the appellate court denies a hearing on the appeal,
there is little the defendant can do about the decision.
– its decision is usually final unless a defendant proves one of
the constitutional guarantees was violated, and then the
defendant may eventually appeal to the US Supreme Court.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
Retrial After Reversal
• The Supreme Court may grant a hearing in an effort to
determine whether there was a violation.
– if there was, the Supreme Court will reverse the conviction
• If the Court denies the hearing or affirms conviction,
no further appeal can be taken by the defendant.
• If a conviction is reversed the state appellate court or
the Supreme Court, the states differ on whether the
defendant may be retried.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
Retrial After Reversal
• If reversal is based on a law that is unconstitutional,
that jeopardy had attached, or a law is too vague to
indicate the violation, there cannot be a retrial.
• If the reversal is based on introduction of illegally
seized evidence or an improperly obtained confession,
in many states the defendant may be retried.
– and the improperly introduced evidence will not be
admissible during the retrial
• The prosecuting attorney has to determine whether the
other evidence was sufficient in obtaining a conviction
– if not, the charge will undoubtedly be dismissed
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
Retrial After Reversal
• If a defendant gets a conviction reversed on appeal, is
retried & convicted, may the judge impose an increased
sentence after the new trial?
• The Supreme Court in North Carolina v. Pearce, held
that if identifiable misconduct by the defendant took
place after the first trial, the judge might impose an
increased sentence
– but the increase should not be based on the fact that the
defendant has appealed his/her case
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
Retrial After Reversal
• The Court stated :
– “Due process of law requires that vindictiveness against a
defendant for having successfully attacked his first conviction
must play no part in the sentence he receives after a new
trial.”
– “…due process also requires that a defendant be freed of
apprehension of such a retaliatory motivation on the part of
the sentencing judge.”
– “…to assure the absence of such a motivation, we have
concluded that whenever a judge imposes a more severe
sentence upon a defendant after a new trial, the reasons for
his doing so must affirmatively appear.”
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
By the Prosecution
• States vary concerning prosecution right of appeal.
– a few deny the prosecution any right to appeal, since it would
result in a violation of the guarantee against double jeopardy
– some permit a limited right when the appeal does not involve
the double jeopardy guarantee
• Generally, an appeal may be taken on a judge’s order
setting aside or dismissing an accusatory pleading.
• An appeal may also be taken on a grant of a new trial,
an arrest of judgment, or a modification of a verdict or
punishment imposed.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
By the Prosecution
• In most states, the prosecution has no right to appeal a
case when an acquittal verdict has been rendered.
– as stated in Washington v. Arizona, acquittal is final
regardless of how erroneously it may have been arrived at
– a few states do allow an appeal by the prosecution after a
verdict of acquittal has been returned
• The appeal is followed when the prosecution alleges
that a serious error was made by the judge on a ruling
of law or procedure.
– permitted so guidelines may be established for future cases,
but an appellate court has no authority to reverse the acquittal
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
By the Prosecution
• An increasing number of states allow the prosecution to
appeal a judge’s order suppressing evidence.
– generally held that appeal may be taken only on an order
suppressing evidence that was made before the trial began
and may not be taken during the trial
• Some states do not permit an appeal of an order
suppressing evidence made even before the trial.
• These courts hold that the prosecution is no more
disadvantaged by an erroneous ruling before the trial
than one during the trial
– when such ruling leads to an acquittal
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appeals
Guilty Plea - Boykin Advisement
• It is paradoxical to permit a defendant to appeal a
conviction resulting from a voluntary plea of guilty
– but some states do permit a defendant to appeal a guilty plea
based on some alleged constitutional, jurisdictional, or other
grounds concerning the legality of the proceedings
• A defendant may allege the judge failed to explain
significance of the guilty plea as required by Boykin v.
Alabama.
• When the trial judge advises a defendant as to his/her
rights before accepting a guilty plea, the advisement is
considered as the “Boykin advisement.”
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appellate Court Citations
• Judges of appellate courts are generally referred to as
“justices,” and their numbers vary from one state to
another, as well as one appellate court to another.
• Many states have only a single appellate court.
– generally referred to as the supreme court
• Other states have a bilateral appellate court system.
– in which there is an appellate court and a supreme court
• Usually three justices will compose an appellate court,
– the supreme court varies, usually from five to nine justices
• Only a majority of justices must agree on a decision.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appellate Court Citations
Recording Court Decisions
• Once the decision is made, one of the majority justices
will put the decision in writing, stating whether the
conviction was upheld or reverse and the reasoning.
• A dissenting justice may decide to write a dissenting
opinion, setting forth reasons for disagreement.
• Decisions by appellate courts are recorded in official
publications to act as guidelines for future cases.
• Each decision is given a citation number in order that
the decision may be filed, indexed, and located by
those having occasion to refer to a particular decision.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appellate Court Citations
Example Citation
• A typical example of an appellate court citation:
• State v. Tison, 142 Ariz. 446 (1999).
– State v. Tison is the title of the decision
– 142 refers to the volume number of the official record
– Ariz. is an abbreviation for the state of Arizona, indicating
that the decision is that of the Arizona Supreme Court
– 446 is the page number where the decision begins
– 1999 is the date or year in which the decision was handed
down by the Arizona Supreme Court
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appellate Court Citations
• In addition to official publications, decisions are
included in publications of private companies.
• In order that a particular decision may be more readily
located by a judge or an attorney, both the official
citation and the citation of private companies are
included when a case decision is referred to.
– West Publishing Company in St. Paul, Minnesota, publishes
the decisions of the supreme courts of the various states
• Decisions are reported by geographic areas, in a system
known as the National Reporter System.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appellate Court Citations
Private Publication Example
• Returning to State v. Tison, 142 Ariz. 446, there may
be the additional citation of 690 P.2d 747 (1999).
– P. indicates the decision can be located in the Pacific Reporter
of the National Reporter System
– 2d indicates the second series of the Pacific Reporter volumes
• If a decision is handed down by the US Supreme Court
the following is an example of the official citation that
would be used: Batson v. Kentucky, 476 US 79 (1986).
• Published by West Publishing Company in the Supreme
Court Reporter, abbreviated as S.Ct., the Batson
decision would be cited as 106 S.Ct. 1712.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Appellate Court Citations
Private Publication Example
• The Lawyers Cooperative Publishing Company also
publishes the US Supreme Court decisions in a
publication known as the Supreme Court Reporter
Lawyer’s Edition, abbreviated as L.Ed.
– the Batson decision may be cited as 90 L.Ed.2d 69
• Or a decision may carry all three citations as follows:
Batson v. Kentucky, 476 US 79, 106 S.Ct. 1712, 90
L.Ed.2d 69 (1986).
• In states with an appellate court below the supreme
court, decisions of these appellate courts are also
published in an official publication.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
Important topics for this chapter…
•
•
•
•
The term verdict means a true declaration.
In a bench trial, the judge decides the verdict.
In a jury trial, the jury decides the verdict.
If the judge believes that the prosecution has failed to
establish the guilt of the defendant, the judge should
enter a directed verdict of acquittal.
• A mistrial occurs when, because of an event, the judge
concludes that a fair trial is impossible.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
(cont.)
Important topics for this chapter…
• The pronouncement of judgment is normally
considered the oral sentencing of the defendant by the
judge in open court, but technically it also includes the
written judgment of the judge.
• The defendant may appeal his or her conviction or
sentence or both.
• The prosecution has only limited rights of appeal.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Chapter End