Ch7. Verdicts & Appeals — From Judgment to Finality

Types of Criminal Judgments

Substantive Verdicts:
  Guilty: conviction; court proceeds to sentencing
  Not Guilty: acquittal; defendant is discharged
  Not Guilty by Reason of Insanity (NGRI)

Procedural Dismissals:
  Dismissal with prejudice: bars re-prosecution
  Dismissal without prejudice: may be re-filed
  Acquittal after jeopardy attaches: bars retrial

Sentencing Outcomes:
  Suspended sentence: conviction; sentence deferred
  Probation: sentence imposed but not served in prison
  Federal Sentencing Guidelines: advisory grid
    (offense level × criminal history category)

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The Appeals System

Direct Appeal (Circuit Court of Appeals):
  Defendant appeals conviction or sentence
  Notice of appeal: filed within 14 days
    of judgment (Fed. R. App. P. 4(b))
  Grounds: legal error, insufficient evidence,
    prosecutorial misconduct, Brady violation,
    ineffective assistance of counsel (IAC)

En Banc / Supreme Court Review:
  Circuit hears case en banc to resolve splits
  Certiorari to SCOTUS: discretionary review
  SCOTUS reviews pure questions of law

Interlocutory Appeals:
  Government may appeal pretrial suppression
    rulings (18 U.S.C. § 3731)
  Defendant generally cannot appeal mid-trial

Non-Reformation Principle:
  If only the defendant appeals, the appellate
  court cannot impose a greater sentence
  (North Carolina v. Pearce, 1969)
  Example: defendant appeals 3-year sentence
    → appellate court cannot increase to 5 years
    unless prosecution also appealed

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Finality of Judgment

Double Jeopardy (Fifth Amendment):
  Once jeopardy attaches (jury sworn or first
  witness sworn in bench trial), acquittal is final
  Same offense cannot be retried

Collateral Estoppel:
  Issues actually litigated and decided cannot
  be relitigated (Ashe v. Swenson, 1970)

Habeas Corpus (Post-Conviction Relief):
  28 U.S.C. § 2255 (federal convictions)
  28 U.S.C. § 2254 (state convictions)
  Grounds: constitutional violations,
    newly discovered evidence, actual innocence
  AEDPA (1996): strict one-year filing deadline
    deference to state court findings

Sentence Reconsideration:
  Compassionate release (18 U.S.C. § 3582(c))
  Rule 35: correction of clear error within 14 days
  Executive clemency (pardon, commutation)

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Key Concept Cards

Notice of Appeal = 14 Days ★★★★★ : Under Fed. R. App. P. 4(b), a defendant must file within 14 days of sentencing. Memory hook: criminal appeal = 14-day clock

Non-Reformation = Defendant-Only Appeal ★★★★★ : When only the defendant appeals, the appellate court cannot increase the sentence. Memory hook: defendant appeals alone → can’t get worse

Habeas = Favorable Relief Only ★★★★☆ : Post-conviction habeas corpus can only help the defendant; there is no government habeas to increase a sentence. Memory hook: habeas = for the prisoner’s benefit

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Practice Questions

Q. What are the exceptions to the non-reformation (non-aggravation) principle?

Exception: if the prosecution also files an appeal. When both sides appeal, the appellate court may impose any lawful sentence, including one greater than the original. Purpose of the rule: ensure defendants are not deterred from exercising their right to appeal. Example: if only the defendant appeals a 2-year sentence, the appellate court cannot raise it to 3 years. If the prosecution also appeals, a higher sentence is possible.

Q. What are the requirements and procedure for habeas corpus?

Grounds: newly discovered evidence establishing actual innocence; constitutional violation (IAC, Brady, coerced confession); unlawful detention. Must exhaust state remedies before federal habeas. AEDPA imposes a one-year deadline from when the claim became known or final. Procedure: petition filed → government responds → evidentiary hearing if warranted → order. Relief is always in the prisoner’s favor — vacatur, new sentencing, or release.