382 Forensic dentistrybe used. These courts, comprised of multi ple judges, hear the initial appeal
sought by parties dissatisfied with decisions from the district courts. No
testimony is heard in these courts; rather, an appointed panel of some of
the appellate judges receives written arguments from each party citing the
errors and mistakes that are alleged to have occurred in the original trial.
This panel may request oral arguments from the attorneys, but testimony
from witnesses is not heard. The judges meet to discuss the case and render
a written decision, which may uphold the original verdict, partially uphold
the verdict, reverse the verdict, or order a new lower court trial in the case
along with instructions to the district court on how or from whom testimony
may be given. A party to the case at this level may, if desired, request that a
larger panel of appeals judges rehear the case (often referred to as an en banc
hearing), or may appeal the case to the final state court level—often known
as the state supreme court. The supreme court may refuse to hear the case
at all (cert. denied), or it may decide to take the case and hear arguments.
Similar to the original appeal, no testimony is heard, the justices receive
only the written briefs (arguments) of the attorneys, and once again an oral
argument may be scheduled. After discussion, the justices issue a written
opinion on the case that constitutes the final state action. The opinion may
uphold the original verdict, partially uphold the verdict, reverse the verdict,
or order a new trial in the case along with instructions to the district court
on how or from whom testimony may be given. A party, as a final appeal, can
request a rehearing by the state supreme court, an occurrence rarely granted.
In some criminal cases, after a defendant has exhausted his or her appeals
in the state courts, he or she may appeal certain matters to the federal court
system. These federal appeals can take years to conclude, as evidenced by
some capital or death penalty cases.
16.1.3.2 Federal Courts
A similar three-tiered arrangement is found in the federal court system.
The U.S. District Courts retain original jurisdiction for questions of federal
law that arise within their respective district, of which there are currently
ninety-four, including locations within the District of Columbia, Puerto Rico,
and the territories of Guam, the Virgin Islands, and the Northern Mariana
Islands. A district may encompass an entire state or merely a portion of a
state. A jury may or may not be empanelled to hear the witness testimony.
Appeals from the verdicts in these courts proceed to the U.S. District Courts
of Appeal, of which there are twelve, each usually encompassing all of the
district courts in several states. Written arguments are made, oral arguments
may be heard, but witness testimony is not heard at the appellate level. As
in the state system, a group of judges is empanelled to hear and discuss each
case, and a written decision is handed down. Once again, that decision can
uphold, reverse, remand, or supplement the district court verdict. A rehearing