When Can You Appeal to Supreme Court in Criminal Cases?

What is a criminal appeal to the Supreme Court and why it is not «a third trial»

If you have been convicted and the appeal has gone badly, it is normal to think: «Is there really nothing I can do anymore?» Criminal appeal to the Supreme Court exists for this: to review errors of law before the Supreme Court.

The key is to understand what the Supreme Court does and what it does not do.

What is a criminal appeal to the Supreme Court

The criminal appeal to the Supreme Court is an extraordinary remedy. It serves for the Supreme Court to control whether the courts have properly applied criminal law. It is not designed to «re-try» the case.

In appeals to the Supreme Court, this is normal:

• The Supreme Court does not repeat the trial.
• The Supreme Court does not hear witnesses.
• The Supreme Court does not re-evaluate whether someone «told the truth» or whether the evidence «was more or less convincing».

What it examines is whether, with the facts that the judgment declares proven, the conviction fits the applied crime, whether the sentence has been calculated correctly, or whether procedural guarantees have been violated in cases where the law permits it.

What the Supreme Court looks for when it admits an appeal

In practice, the Supreme Court selects cases with appeal «suitability». It wants to resolve real legal problems: clear errors in the application of law or issues that help unify criteria.

This explains why

Is it worth appealing to the Supreme Court?

When someone thinks about appealing to the Supreme Court, they usually have two fears: losing the last shot and wasting money. Both are legitimate.

What can happen if the Supreme Court grants the appeal

It depends on the grounds:

• It can annul the appealed judgment and issue a new one in accordance with law (for example, changing the applied crime or adjusting the sentence).
• It can order remand of proceedings if the problem was procedural (in cases where the law permits alleging it).
• Sometimes, granting the appeal opens the door to a very relevant result: reduction of sentence, change of criminal classification or even acquittal if the legal classification cannot be sustained

Real risks: can your situation worsen on appeal to the Supreme Court?

Here it is important to be very clear, because this point is usually explained poorly.

Yes: the Supreme Court can leave you in a worse situation than after the appeal, even though it is not a «new conviction» in the strict sense.

This occurs when the appellate court has issued an acquittal judgment that revokes a previous conviction, and the Supreme Court considers that acquittal to be arbitrary, illogical or deficiently reasoned. In those cases, the High Court does not impose a new sentence, but rather restores the initial conviction.

The Supreme Court jurisprudence is clear: the restoration of the conviction does not violate

When does it make sense to appeal to the Supreme Court?

1) It makes sense: clear error in criminal classification

The judgment declares proven a purse snatching without injuries or relevant struggle and classifies it as robbery with violence. If the proven fact does not describe sufficient violence, there may be a subsumption error.

2) It makes sense: sentence miscalculated or aggravating factors wrongly applied

Proven facts compatible with a mitigating factor, or an aggravating factor applied without clear factual basis. Here the appeal to the Supreme Court may have merit, because the problem is legal.

3) Almost certainly not: «they didn’t believe me»

If your only argument is that the court wrongly evaluated the witnesses, the appeal to the Supreme Court is usually an uphill battle. Not impossible in all scenarios, but normally it is not its natural terrain.

4) It depends: judgment very poorly reasoned on appeal

There are cases where the Provincial Court confirms with minimal reasoning. Here it depends on whether the grounds can be articulated through the avenue that the specific judgment permits. It is not enough to say «it is poorly reasoned»; the reproach must be precisely framed.

5) It depends: the case has a legal point disputed among Courts

When different Courts interpret differently an element of a crime (for example, in property or technology crimes), the appeal to the Supreme Court can be especially useful. The Supreme Court is there to unify.

How it can help you