Constitutional protection of accused persons - Appeal and error

Learning Outcomes

After reading this article, you will understand the constitutional principles governing appeals and error correction in criminal cases. You will be able to identify when a criminal defendant has a right to appeal, explain the harmless error doctrine, distinguish between standards of review, and recognize the limits of federal habeas corpus review. This will enable you to answer MBE questions on post-conviction protections for accused persons.

MBE Syllabus

For MBE, you are required to understand the constitutional rules and doctrines that protect accused persons after conviction, especially regarding appellate review and error correction. You should be able to:

• Identify when a criminal defendant has a right to appeal and what constitutional protections apply on appeal.
• Explain the harmless error doctrine and its application to constitutional violations.
• Distinguish between standards of review (de novo, clearly erroneous, abuse of discretion) on appeal.
• Recognize the limits of federal habeas corpus review and the role of collateral attacks.
• Understand the difference between direct appeal and collateral review, including the effect of procedural default.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is true regarding the constitutional right to appeal in criminal cases?
   1. The Constitution guarantees a right to at least one appeal in all criminal cases.
   2. The Constitution does not guarantee a right to appeal, but states may provide one.
   3. Only federal defendants have a constitutional right to appeal.
   4. All criminal appeals must be heard by the U.S. Supreme Court.
2. What is the harmless error doctrine?
   1. Any error at trial requires reversal of the conviction.
   2. Only errors affecting substantial rights require reversal.
   3. Only errors involving federal law require reversal.
   4. All constitutional errors are reversible per se.
3. Which standard of review is used by appellate courts for questions of law?
   1. Clearly erroneous
   2. Abuse of discretion
   3. De novo
   4. Substantial evidence
4. Which of the following is NOT a ground for federal habeas corpus relief after a state conviction?
   1. The state court lacked subject matter jurisdiction.
   2. The defendant was denied effective assistance of counsel.
   3. The defendant disagrees with the sufficiency of the evidence.
   4. The conviction was obtained in violation of the Constitution.

Introduction

Constitutional protection of accused persons does not end at conviction. The Constitution and federal law provide important safeguards during appellate and post-conviction review. These protections ensure that criminal convictions are subject to error correction, that certain rights are preserved on appeal, and that federal courts may intervene in limited circumstances to remedy constitutional violations. Understanding these principles is essential for MBE success.

The Right to Appeal

There is no federal constitutional right to an appeal after a criminal conviction. However, if a state provides for appellate review, the procedures must comply with due process and equal protection. For example, if a state grants a right to appeal, it cannot deny an indigent defendant a transcript or counsel for the first appeal as of right.

Key Term: Direct Appeal The process by which a convicted defendant seeks review of the conviction in a higher court, usually as a matter of right or by permission, depending on the jurisdiction.

Standards of Review on Appeal

Appellate courts use different standards of review depending on the type of issue:

• Questions of law are reviewed de novo (no deference to the trial court).
• Findings of fact by a judge are reviewed for clear error.
• Discretionary decisions (e.g., evidentiary rulings) are reviewed for abuse of discretion.

Key Term: Standard of Review The level of deference an appellate court gives to the decisions of a lower court when reviewing an appeal.

Harmless Error Doctrine

Not every error at trial requires reversal of a conviction. Under the harmless error doctrine, a conviction will not be reversed if the appellate court concludes beyond a reasonable doubt that the error did not affect the outcome. Some errors, such as denial of counsel or a biased judge, are considered structural and require automatic reversal.

Key Term: Harmless Error An error at trial that does not affect the substantial rights of the accused and does not require reversal of the conviction on appeal.

Collateral Attack and Habeas Corpus

After direct appeal, a defendant may seek collateral review, most commonly through a writ of habeas corpus. Federal habeas corpus is available to state prisoners only for violations of federal constitutional rights, not for mere errors of state law. The petitioner must have exhausted state remedies and is subject to procedural default rules.

Key Term: Habeas Corpus A writ used to challenge the lawfulness of a person's detention, allowing federal courts to review state convictions for constitutional violations.

Worked Example 1.1

A defendant is convicted in state court and files a direct appeal. The appellate court finds that the trial judge improperly admitted a coerced confession but concludes the evidence of guilt was overwhelming and affirms the conviction. Is this correct?

Answer: No. Admission of a coerced confession is a structural constitutional error, not subject to harmless error analysis. The conviction must be reversed.

Worked Example 1.2

A state provides an appeal as of right for all criminal defendants. An indigent defendant is denied a transcript and counsel for the appeal. Is this constitutional?

Answer: No. If a state provides an appeal as of right, due process and equal protection require that indigent defendants receive a transcript and counsel for that appeal.

Worked Example 1.3

A state prisoner files a federal habeas petition alleging that the trial judge misapplied a state evidence rule. The conviction is otherwise valid. Should the federal court grant relief?

Answer: No. Federal habeas corpus is not available for mere errors of state law. The petitioner must show a violation of federal constitutional rights.

Exam Warning

On the MBE, do not assume every trial error is reversible. Know which errors are subject to harmless error analysis and which are structural and require automatic reversal.

Revision Tip

Remember: The Constitution does not guarantee a right to appeal, but once a state provides one, it must be administered fairly and equally.

Key Point Checklist

This article has covered the following key knowledge points:

• There is no federal constitutional right to appeal, but due process and equal protection apply if a state provides appellate review.
• The harmless error doctrine means not all errors require reversal; only those affecting substantial rights or structural errors do.
• Appellate courts use different standards of review for law, fact, and discretion.
• Federal habeas corpus is limited to constitutional violations, not state law errors.
• Collateral attacks require exhaustion of state remedies and are subject to procedural default.

Key Terms and Concepts

• Direct Appeal
• Standard of Review
• Harmless Error
• Habeas Corpus