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You may file an appeal by writing, by phone, or online. To file an appeal in writing, please fill out the appeal entry form below and submit to the Clerk's Office, which is a part of the Division of Appeals and Hearings by mail, fax, or email. Appeal online by visiting https://appealsonline.dhs.tn.gov/.
Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict.
Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.
The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.
Direct Appeal A three-judge panel of the Court of Criminal Appeals will issue an opinion after reviewing briefs, the trial court record, and any arguments. After a decision is issued by the Court of Criminal Appeals, either side may request permission to appeal the decision to the Tennessee Supreme Court.
The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. Not every error of law, however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial.
1. Affirm and uphold the original decision. 2. Overturn the original decision.
You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal.