Q: Is a appeal a retrial or mistrial?
A:
Neither.
An appeal is an appeal. On appeal, the court of appeals will evaluate the complaints raised in the appellate briefs to determine whether the trial court committed an error of law which was properly preserved by a complaint and ruling in the trial court which was not cured by the trial court which was harmful to the party making the complaint on appeal (usually because the error probably resulted in the rendition of an improper verdict) which has not previously been waived by the party making the complaint in appeal.
A mistrial is the discontinuance of a jury trial in progress due to the commission of some error that is so egregious and prejudicial to a party that it cannot be cured by the trial court without starting the trial over with a different jury.
A retrial is a second complete trial of the same matter. It may follow the granting of a post-trial motion by the trial judge or a successful appeal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
