When an appellate court reverses a criminal conviction, that appellate court
will also declare whether the conviction is "reversed and dismissed" or "reversed
and remanded." If the ruling is to "reverse and dismiss," then there will be no
re-trial. If the ruling is to "reverse and remand," then the case comes back
under the jurisdiction of the particular circuit court and the entire trial process
begins over again.
Some appellate decisions are a hybrid of affirming, remanding and dismissing.
In such situations, careful attention must be made to the distinct rulings of the
appellate court. Some appellate reversals are only for re-sentencing, and will
explicitly state this.
Direct appeals, habeas corpus cases or successful jurisdictional attacks may
each result in a second trial.
Re-trials call for keen legal expertise to take full advantage of the renewed
opportunities created by the remand. The attorney handling the second trial is
able to file any appropriate pre-trial motions or pursue different trial
strategies, regardless of whether the previous attorney did so. For example,
having obtained a reversal and remand in the first degree murder case of
Woolard v. Commonwealth, 00 Vap UNP 2648991 (2000), Andrew G. Wiggin
then also handled the second trial proceedings. Not having entered the case
until the appellate stage, attorney Wiggin carefully assessed the
Commonwealth's trial evidence afresh, noticing a strong suppression issue not
raised at the first trial. The result of the second trial was that the prosecutor
terminated the prosecution without even going to trial.
Other issues upon remand may be; whether testimony from the first trial may
be used, whether a Speedy Trial Motion To Dismiss should be filed, whether
additional defense evidence has become available, whether to move for a
change of venue or recusal of the original trial judge, and what level of charges
may be actually prosecuted. Re-trials also re-open the options of plea
negotiations.
While the attaining of a new trial is quite an accomplishment, the handling of a
second trial is vitally important. Andrew Wiggin welcomes inquiries for
retaining his services for all phases of a second trial.
will also declare whether the conviction is "reversed and dismissed" or "reversed
and remanded." If the ruling is to "reverse and dismiss," then there will be no
re-trial. If the ruling is to "reverse and remand," then the case comes back
under the jurisdiction of the particular circuit court and the entire trial process
begins over again.
Some appellate decisions are a hybrid of affirming, remanding and dismissing.
In such situations, careful attention must be made to the distinct rulings of the
appellate court. Some appellate reversals are only for re-sentencing, and will
explicitly state this.
Direct appeals, habeas corpus cases or successful jurisdictional attacks may
each result in a second trial.
Re-trials call for keen legal expertise to take full advantage of the renewed
opportunities created by the remand. The attorney handling the second trial is
able to file any appropriate pre-trial motions or pursue different trial
strategies, regardless of whether the previous attorney did so. For example,
having obtained a reversal and remand in the first degree murder case of
Woolard v. Commonwealth, 00 Vap UNP 2648991 (2000), Andrew G. Wiggin
then also handled the second trial proceedings. Not having entered the case
until the appellate stage, attorney Wiggin carefully assessed the
Commonwealth's trial evidence afresh, noticing a strong suppression issue not
raised at the first trial. The result of the second trial was that the prosecutor
terminated the prosecution without even going to trial.
Other issues upon remand may be; whether testimony from the first trial may
be used, whether a Speedy Trial Motion To Dismiss should be filed, whether
additional defense evidence has become available, whether to move for a
change of venue or recusal of the original trial judge, and what level of charges
may be actually prosecuted. Re-trials also re-open the options of plea
negotiations.
While the attaining of a new trial is quite an accomplishment, the handling of a
second trial is vitally important. Andrew Wiggin welcomes inquiries for
retaining his services for all phases of a second trial.
Andrew G. Wiggin, P.C.
Re-trials
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"Serving clients in all litigation after state criminal trials, all across Virginia!"
Virginia |
www.post-trial-litigation.com
(757) 333-7539
(757) 333-7539
Disclaimer: The information provided on this website is not legal advice. Accessing the information on
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons may
contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G. Wiggin does
not serve as counsel of record in federal courts, nor give legal advice on representation in federal litigation,
although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons may
contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G. Wiggin does
not serve as counsel of record in federal courts, nor give legal advice on representation in federal litigation,
although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.