What Is The Basis For An Appeal?

An appeal is not a new trial. It cannot be used to present new evidence or to raise issues that are based on facts outside the record. An appeals court can consider only the facts contained in, and the issues presented by, the "Record on Appeal." The "Record on Appeal" consists of:

1. Minutes of all the important proceedings in the trial court, such as trials (usually including jury selection), evidentiary hearings, guilty pleas, and sentencing.

2. Documents submitted to, or generated by, the lower court such as written motions, decisions on motions, notes from the jury, the Probation Department's pre-sentence report, and court-ordered psychiatric reports.

3. Physical evidence admitted at trial or a hearing, such as photos of a line-up or crime scene.