Does the judge has an authority to dismiss the conviction after just a “proposed statement on appeal” without going thought the rest of the required papers if he/she clearly sees that it was a law and court procedure errors took place that caused a substantial damage to the defendant. Simply saying, if the Judge clearly sees that it was a mistake and the defendant was not guilty, can he throw out the case just after a “proposed statement on appeal”(misdemeanor) , without completing all the appeal routine. I mean, on the theoretical level, is he/she authorized to do so? Yes/No answer is fine. Thank you.
Nope. Once a criminal case has been adjudicated, meaning the defendant has been convicted and sentenced, the trial judge loses jurisdiction over the case. (This answer presumes that your hypothetical misdemeanor has been concluded by the sentencing of the defendant.) The defendant cannot file a Notice of Appeal until the lower court case is final..
The matter then goes to the Appellate Division of the Superior Court, which is usually composed of 3 Superior Court judges sitting as appellate judges on a misdemeanor. It would be a violation of due process for one judge, especially the trial judge after the lower court case is over, to reexamine the trial/plea proceedings. If the defendant is no longer interested in pursuing an appeal, he will request that the appeal be dismissed before the appellate judges have heard it.
I agree with Ms. Gutekunst's answer. Basically, the judge cannot throw out the case based on a proposed statement on appeal without going through the rest of the required documents.
No, there's no shortcuts on the appeal. All of the paperwork needs to be filled out. Be certain to follow the instructions because many times the court won't accept them if not done correctly. Before spending any further time on the Internet, you could benefit from meeting with an attorney to discuss specific facts in an attorney-client privilege environment, which the Internet is not. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many reputable attorneys offer a free consultation. I wish you the best.
