The appeal process allows individuals to challenge the decision of the trial court and seek a review of the case by a higher court. The option to appeal a conviction is available in almost every case.
However, individuals need to make sure they have proper grounds for their appeal to be successful.
Errors in trial
Individuals who believe that there were errors made during the trial that affected the outcome of the case may appeal. These errors could include mistakes the judge made, such as allowing the admittance of improper evidence or giving incorrect instructions to the jury. A violation of constitutional rights during the trial, such as the right to a fair trial or the right to confront witnesses, may also be the basis of an appeal.
New evidence
New evidence that becomes available after the original trial could be the basis for an appeal. This new evidence must be relevant to the case and must be of such a nature that it could have changed the outcome of the trial if the defense presented it. An individual must also show that they were not aware of this evidence at the time of the trial and could not have reasonably discovered it sooner.
Harsh or unjust sentence
Individuals may appeal a criminal conviction if they believe that their sentence was too harsh or unjust. In these cases, a person may argue that the trial court did not consider all relevant factors when determining the sentence or that the sentence imposed was disproportionate to the crime committed.
It is important to note that the appeals process in Maryland is complex. Individuals must file appeals within 30 days after the conviction, and there are strict procedural rules they must follow. Additionally, the appellate court will not reconsider the facts of the case or re-weigh the evidence presented at trial, so those are not reasons for an appeal.