Criminal Law-Appeal
After a sentence has been imposed, the defendant has the right to pursue an appeal. All states now provide for appellate review. The availability of that appellate review cannot be conditioned upon the convicted defendant’s financial status. If a trial transcript of the proceedings is required in order to pursue an appeal, then the government must provide that transcript for the indigent defendant. Likewise, the state must provide counsel for an appeal to an indigent defendant.
Once a defendant has been found not guilty, the government has no right to appeal that finding.
Once a defendant has been found not guilty, the government has no right to appeal that finding. The logic of this rule is that to allow appeals by the government would essentially allow the government to potentially utilize its vast resources to wear down the defendant.
