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This can vary from country to country, as well as within a country, depending on the specific rules in force. In the U.S. federal court system, criminal defendants must file a notice of appeal within 10 days of the entry of either the judgment or the order being appealed, or the right to appeal is forfeited. [13]
The Court focuses on three types of rights under substantive due process in the Fourteenth Amendment, [39] which originated in United States v. Carolene Products Co., 304 U.S. 144 (1938), footnote 4. Those three types of rights are: the first eight amendments in the Bill of Rights (e.g., the Eighth Amendment);
Case history; Prior: Cert. to the Supreme Court of California Holding; The failure to grant this indigent petitioner seeking initial review of his conviction the services of an advocate, as contrasted with an amicus curiae, which would have been available to an appellant with financial means, violated petitioner's rights to fair procedure and equality under the Fourteenth Amendment.
Although some scholars argue that "the right to appeal is itself a substantive liberty interest", [7] the notion of a right to appeal is a relatively recent advent in common law jurisdictions. [8] Commentators have observed that common law jurisdictions were particularly "slow to incorporate a right to appeal into either its civil or criminal ...
California (1975), the court held that a criminal defendant has the right to knowingly and voluntarily opt for pro se representation at trial. [76] This right is not per se violated by the appointment of standby counsel. [77] There is no constitutional right to self-representation on appeal. [78]
The Supreme Court of the United States vacated the judgment of the California District Court of Appeal. In an opinion by Justice Douglas, expressing the view of six members of the Court, it was held that the denial of counsel under the California rule of procedure stated above violated the Fourteenth Amendment.
The Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment.
The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make." Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction". [14] [15]