Reversal on Appeal

What is the name of your state? Washington
What are all possible grounds for reversable error?
(on appeal following a jury's verdict of guilty)

If the court agrees with appellant's argument.... what determines whether the case is reversed and remanded vs. reversed and an acquittal entered? Aside from what the appellant asks the court for.

? Washington
What are all possible grounds for reversable error?
(on appeal following a jury's verdict of guilty)"
*** To answer that, would require you to attend law school. Simply, any appeal would have to be based on an error in law. And that could be any of hundreds of things.

"If the court agrees with appellant's argument.... what determines whether the case is reversed and remanded vs. reversed and an acquittal entered? Aside from what the appellant asks the court for."
*** It would depend on whether the error was so egregious that it permantly tainted the case or that the ruling was not supported by the facts on review.

Simply, there is no way for anyone to answer your very vague and overly broad questions with specifics. Kind of like asking how long does it take for paint to dry.

evidence comparison

Washington State
How can direct evidence and circumstantial evidence be allowed the same weight?

But what if there isn't any direct evidence at all that ties the defendant to the crime?

So, on appeal would you assign error to the evidence....that the evidence was insufficient to the extent that the case should not have gone to the jury/????

How would this be possible ..... it seems that this scenario ultimately amounts to the prosecution bringing charges unsupported by evidence..... how could such a thing be overlooked? Pretty easy when judges are constantly swapping at least during the early stages of proceedings. ?? Am I right?


Here is the conclusion that I have drawn from all of this, but Please redirect me /correct me if I am going in the wrong direction Thanks.....

Based on the circumstances of this particular case, I believe that this puts into question the issuance and validity of the probable cause statement.-- (the grounds that existed that allowed for the creation of the information/charging document.)

Assuming I am correct about the error being the absence of PC in the PC statement from the beginning.....can this claim be asserted on appeal....... esp. if the PC issue was never questioned /disputed or the basis or grounds for an objection ???

There was doubt all over every piece of trace evidence in sofar as tying the def to it and the victim......trace evidence was presented as something like......"well it does not match the defendant (using hair as an example)but the defendant cannot be excluded entirely as being the source."

if the circumstantial evidence is credible it carries much weight.

what does your (or the person you are asking about) attorney say about the appeal process?

A sufficiency of the evidence claim is a Hail Mary last ditch I-can't-even-argue-ineffective-assistance-of-counsel argument. Don't bother. What you're really unhappy about is that the jury believed the State's expert witnesses instead of you. To quote the WA Supreme Court, "Crediblity determinations are exclusively for the jury and will not be reviewed on appeal." Unless you can convince the court that only an idiot could believe the State's evidence, you won't get anywhere.

Direct evidence is completely unnecessary. Circumstantial evidence is sufficient.

The only challenge to a PC statement is that the statement did not adequately advise you of the charges, and you were hampered in preparing your defense.

Challenges to the jury instructions can be successful in WA. Our Supreme Court just cannot stop itself from tinkering with the WPICs.

crim law doctrine's research

JETX
More specifically I'd like to know if there is a certain type of book that addresses and discusses criminal law "doctrines"; [aside from having to read through Blacks Law Dictionary.] I come across different "doctrines" sporatically (reading caselaw) an example=harmless error doctrine, invited error doctrine, law of the case doctrine,......etc. but what I'm looking for is where I might find a listing of different criminal law doctrines stated/explained.......

Could you lend suggestions per researching this?
Thanks