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Criminal Procedures

Appeals

If an appellate court reverses a trial court, what happens next?

This depends on the ruling of the appellate court. An appellate court could find that a trial court erred in admitting certain evidence that was prejudicial to the defendant. The trial court would then order that the prosecution afford the defendant a new trial. If the appellate court determines that the trial court erred in the sentencing phase of the trial, it might send the case back down to the trial for re-sentencing.



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