THE STATE OF ARIZONA COURT OF APPEALS


THERE ARE TWO DIVISIONS OF THE ARIZONA COURT OF APPEALS


1. Division One is in Phoenix.
2. Division Two is in Tucson.


A three-judge panel decides every case. Division One has five three-judge panels, for a total of fifteen judges.

WHAT DOES THE COURT OF APPEALS DO?

Criminal Appeals - a person who has been convicted of a crime asks us to review what happened at his or her trial and find out if the judge, the prosecutor, or the defense attorney made mistakes that would justify a reversal of the conviction or a new trial.

Civil Appeals - typically, the loser in a civil trial (the kind of trial where the jury awards the winner money) asks the court for a new trial claiming the trial judge made mistakes, or just asks us to determine if the amount of money awarded was too large.

Mental Health - when a person is involuntarily committed to a psychiatric hospital because he or she is a danger to himself or others, he or she can ask us to review the hearing at which the mental health board decided to hospitalize him.

Juvenile - A delinquency hearing is a civil proceeding, but after a minor has been found delinquent, he or she has the same appeals process as a criminal defendant.


HOW DOES THE COURT OF APPEALS DECIDE CASES?


When attorneys appeal from a lower court ruling, they must file briefs which discuss each side’s argument. Briefs are usually 20 to 30 pages long, and must have a facts and an argument section. In the argument section, the attorney tries to convince the court to decide in her favor. If the court needs more information after reading the briefs, we hold oral argument. Oral Argument is not a trial. The Court of Appeals does not have trials. This means no witnesses testify and no jury is present. Instead, the attorneys argue about whether there was an error at trial, and the judges ask the attorneys questions.In addition to the briefs and oral arguments, the court reviews the transcripts from the trial and any other information about the case from the trial court.

When the Court of Appeals makes a decision, it is in writing and can become the law of Arizona for all similar cases and factual situations.


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