Denise was convicted of drug possession and appealed to challenge the admission of evidence obtained through an illegal search. On appeal, parties submit briefs to argue the trial court's decision and whether it violated Denise's constitutional rights. If the appellate court finds error, it will reverse the conviction. Its decision can then be appealed to a higher court through a similar process involving briefs and oral arguments to convince the judges that the lower court erred in its application of the law. The highest courts have discretion over which cases they will review.

1. Module # 3 LectureAppellate Procedure

2. OverviewNotice of AppealFilingsBriefs of the PartiesTrial Court RecordAmicus Curiae BriefsOral ArgumentDecisionAppeal of Appellate Court DecisionState Supreme CourtUnited States Supreme Court

3. HypotheticalDenise was charge with drug possession in King County Superior CourtPrior to trial Denise sought to have the drugs she was arrested for possessing suppressed because of an illegal search and seizure by the PoliceDenise’s motion in limine was denied.At trial Denise properly objected to the drugs being admitted on the “record”Denise was convictedDenise now appeals her conviction under the Fourth Amendment of the U.S. Constitution and Article I, sec 7 of the Washington Constitution.

4. Notice of AppealDenise is called the Petitioner or the AppellantThe State is called the Respondent or the Appellee Denise MUST file a NOTICE OF APPEAL with the TRIAL court where she was convicted.It is improper to file directly to the Intermediate Court of AppealsThe Notice of Appeal is then forwarded to the proper Appellate CourtIn this case Division 1 of the Washington Court of Appeals.

5. Court of AppealsMandatory AppealsIn all case the losing party has the right to one appealThe Court of Appeals must at least review the briefs and make a decisionThe Court of Appeals cannot deny Denise’s appealIndigent DefendantsIf a defendant had appointed counsel at trial, they have the right to appointed counsel on his or her initial appeal to the Intermediate Court of Appeals.

6. Filing of BriefsAfter the Notice of Appeal has been filedParties file Appellate Brief with the Court of AppealsSee sample on course websiteAlso must submit the Trial Court RecordThis is the transcript of the trial, including all pretrial motions hearingsCostsPetitioner must pay for the Trial Court Record to be “prepared.”If Indigent, may file a motion seeking a “waiver” of the cost

7. Appellate BriefMOST IMPORTANT part of any AppealAppeals are often won and lost “on the briefs”DO NOT confuse with a CASE BRIEFIt is a legal document in which the Petitioner argues why the Trial court got it wrongConversely defendant argues why the trial court got it correctAn Appellate Brief describes:ISSUE(S): highlights a problem or problem with the lower court decisionHighlights relevant case lawApplies the facts of the case, supported by the record, to the relevant case law

8. Appellate Brief StructureTitle Page:Identifies the Parties, Petitioner, Respondent, Appellate Court, and docket numberTable of ContentsTable of AuthoritiesConstitutional provisionsStatutesCase law

9. Appellate Brief StructureAssignment of ErrorsErrors: tells court where the lower court errorISSUES: Formed as question asking whether under a particular law/constitutional provision the law court erredWritten in a manner suggesting that there was or was not error Statement of the CaseDetails the case’s procedural historyLists the facts of the case as contained in the RecordSummary of Argument Synopsis of party case in regard to the controlling law

10. Appellate Brief StructureArgument SectionSections: one section of each ISSUEIdentifies and discusses relevant lawConstitution, Statute, Case Law, RulesAnalyzes the facts of the case against the relevant lawState’s a conclusion in support of a party’s position

11. Oral ArgumentIntermediate Court: three (3) JudgesOnly Lawyers make argumentsNo witnessesNo NEW evidenceEssentially a discussion between the Parties and the Judges about the case

12. Oral ArgumentProcedurePetitionerRespondentPetitioner reserves time for rebuttalEach side, generally, has 10-30 minutes to make their caseJudges may interrupt lawyers and ask questionsGenerally, does not change a Judges position, but on occasion and effective oral argument can “sway” the court

13. DecisionJudges will “conference” after a case has been arguedWill vote: Affirm or ReverseCan be Unanimous (3-0) or Split (2-1)Write a decision: Published or UnpublishedMajorityDissentDecision: applied law to facts and decides which party wins; make create new law depending on the circumstancesSee sample State v. Young on website

14. Appeal of Appellate Court DecisionLosing party can appealHighest Court: i.e. State Supreme CourtBoth WA has 9 JusticesJustices must agree to hear a caseDiscretionary Appeal: court can decide whether to “hear” the case; can denySame procedure as belowBriefsOral Argument Decision: ALL decisions are published

15. Review of State Supreme Court DecisionAppeal to the Supreme Court of the United States (SCOTUS)Must involve a Federal “Case or Controversy”Writ of Certiorari: order to lower court to send case for reviewRequires 4 justices to agree to hear the caseProcedure essentially the same as belowSCOTUS decisions are FINAL and cannot be appealed

16. Lecture ReviewMust file NOTICE OF APPEAL in the TRIAL COURTDocuments submitted to Appellate CourtAppellate BriefTrial RecordAppellate Brief’s importanceMost important part of every appealPersuasive document advocating for a party’s positionReview sample document on website

17. Lecture ReviewOral Argument ProcedurePetitionerRespondentPetitioner’s reserve timeConferenceVote on case’s outcomeMajority and Dissenting OpinionDecisionWritten discussion of case’s outcome

18. Lecture ReviewAppeal to the State Supreme CourtDiscretionary reviewAppeal to the Supreme Court of the United StatesCase or ControversyFour Justices must agree to hear the caseWrit of Certiorari SCOTUS decision CANNOT be appealed