Ellicott City, MD asked in Criminal Law for Maryland

Q: How does an appeal work if you lose a jury trial?

I know you cannot appeal simply because you don’t like the outcome but how does an appeal work if the facts weren’t all the way clear in trial and the jury does not believe the defense?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You have 10 days to file for a new trial or to alter or amend the judgment, and 30 days to note an appeal (if you file a timely 10 day motion, then the appeal time does not start running until after the court rules on the 10 day motion). Grounds for appeal specific to what happened in your case, and it is impossible to guess whether you have grounds or not. The issues you can raise to reverse a jury verdict are all going to depend on if there were legal errors made by the judge (allowing evidence objected to that should not have been permitted, not permitting evidence that should have been permitted, giving an incorrect jury instruction on the law, e.g.), or that the admissible evidence at the trial does not as a matter of law support a finding against you or support the verdict 9in other words, even if testimony and other evidence is believed or accepted as true, the law would not support the verdict against you). The issues you can raise will also depend on whether you preserved the errors for review (properly objected at the relevant time), and whether the errors were material enough that they could have resulted in a different verdict if not made. The best person who can provide you a clue as to what appeal issues may be viable would be your trial counsel, as they were there and know you case and what happened. Otherwise, you will need to immediately obtain a full trial transcript of the case and take it to a lawyer to go through, looking for possible errors that may justify reversal or a different outcome. An appeal is expensive, requires a lot of legal research and drafting of a brief (sometime more than one), printing and binding costs, transcript fees, etc. It's not something you file unless you feel you have a viable and strong basis to prevail on appeal.

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