Regardless of the criminal charge, an accused has a right to a fair trial. This principle of the American justice system is aptly illustrated in a recent example. In a highly controversial and pending child pornography case, the defendant was able to obtain a procedural victory.
Can a procedural mistake form the basis of an appeal?
What types of due process violations might support an appeal?
The road to an appeal can be long, as a recent story reminds us. Specifically, the story profiled a 63-year-old Tennessee man’s request for a new trial. The man alleges that a missing pretrial transcript was not considered by the Court of Appeals.
