appeal as of right

In one sentence

An appeal that a defendant can file automatically without needing special permission from the court.

Plain English

An appeal as of right is an appeal that a defendant or appellant can file without having to ask the court for permission. It's a guaranteed right, usually available after a conviction or adverse judgment. The appellate court must accept and review the case, unlike discretionary appeals where the court can choose whether to hear the case.

Ad slot

Example

After being convicted of a felony, a defendant has an appeal as of right to the state appellate court. They don't need to convince the court to hear their case; they simply file the appeal and the court must review it.

Used in a sentence

“The defendant exercised her appeal as of right by filing a notice of appeal within the required deadline.”

Related terms

appellate review

A higher court's examination of a lower court's decision to check for legal errors.

Sentencing

The judge's decision on punishment after a defendant is found guilty.

Prosecution

The government's legal action to charge and try someone for a crime.

confession

A voluntary admission by someone that they committed a crime.

adjudication hearing

A court proceeding where a judge hears evidence and makes a formal decision about a legal matter.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

Expungement

A legal process that erases or seals a criminal conviction from your record.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.