Megan Zumbuhl
Review Questions
1.What are the designations for the parties initiating an appeal and defending an appeal?
– A defendant who initiates an appeal is called the “appellant” in the court of review, and the
prosecution, as the party defending the trial court’s decision on appeal, is called the “appellee.”
In some jurisdictions, the appealing party is known as the “petitioner” or “applicant” and the
defending party is known as the “respondent.” The procedures governing appeals are found in
court rules or statutes.
2.When there is a right to appeal, what constitutional rights are afforded to indigent criminal
defendants?
– Although there is no constitutional right to an appeal in a criminal case, all states and the
federal government provide some type of appellate review for people who are convicted in
criminal cases. Furthermore, several constitutional provisions protect defendants’ ability to
effectively present their appeal. For instance, indigent convicted felons are entitled to a free
transcript and appointed counsel for their first appeal. In misdemeanor cases, defendants
commonly have a right of review in the general trial court, followed by discretionary appellate
review.
3.After a notice of appeal is filed, what type of authority remains in the trial court?
– After an appeal has been filed, the trial court may take only ministerial actions, such as
approving a bystander’s report or staying the sentence. For the most part, the trial court loses
