Which type of case would be appealed automatically to the Texas Court of Criminal Appeals quizlet?

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The losing party in a decision by a trial court in the federal courts normally is entitled to appeal the decision to a federal court of appeals. 

The Process

Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a short time — usually about 15 minutes — to present arguments to the court.

Most appeals are final. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit.

A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal. 

Different types of cases are handled differently during an appeal.

Civil Case

Either side may appeal the verdict.

Criminal Case

The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict.

Bankruptcy Case

An appeal of a ruling by a bankruptcy judge may be taken to the district court. Several courts of appeals, however, have established a bankruptcy appellate panel consisting of three bankruptcy judges to hear appeals directly from the bankruptcy courts. In either situation, the party that loses in the initial bankruptcy appeal may then appeal to the court of appeals.

Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case.

Other Types of Appeals

A litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals. Judicial review in cases involving certain federal agencies or programs — for example, disputes over Social Security benefits — may be obtained first in a district court rather than a court of appeals.

After a trial court has decided a criminal case, the State or the defendant may appeal to a higher court.

The appeals of all cases in which the death penalty has been assessed come directly to the Court of Criminal Appeals from the trial courts. The appeals of all other criminal cases go to one of the fourteen Courts of Appeals in Texas, and their decisions may be reviewed by the Court of Criminal Appeals.

See About Texas Courts for more information about the Texas Judiciary, which includes the Courts of Appeals and other parts of Texas' judicial system. There you will also find links to a pamphlet on the Texas Judicial System, in multiple formats.

In the 2016 fiscal year, the Court of Criminal Appeals received 4 appeals in death-penalty cases. The Courts of Appeals received 4,454 appeals in other criminal cases, and in 1325 of those appeals the Court of Criminal Appeals was asked to grant further review. The Court granted review in 96 of them. After deciding each appeal, the Court delivers a written opinion that explains the reason for its decision.

The Court also has sole authority to grant the writ of habeas corpus to a person who has been convicted of a felony (which is a crime that is punishable by death or by imprisonment in the Department of Criminal Justice). In the 2016 fiscal year, the Court received 4,632 habeas-corpus petitions and 30 death penalty habeas-corpus petitions..

The Court of Criminal Appeals typically disposes of more matters each year than any other appellate court in the country.

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