Functions of Appellate Division

Whether decided in the Norfolk Superior Court or one of the District Courts, criminal cases often do not end with the verdict at trial. A defendant has the right to appeal his or her convictions to one of the appellate courts of the Commonwealth for a determination of whether the judge, prosecutor or defense attorney committed certain legal errors which prevented the defendant from receiving a fair trial.

Appeals Following Conviction

The main function of the Appellate Division is to handle these types of appeals, which are heard by either the Appeals Court of Massachusetts or the Supreme Judicial Court of Massachusetts, the highest court in the Commonwealth. The Appeals Court decides all post conviction appeals except those from convictions of first-degree murder - which by statute are automatically heard in the Supreme Judicial Court - and those which the Supreme Judicial Court elects to transfer from the Appeals Court.

Should the appropriate appellate court determine that the defendant did not receive a fair trial, it may vacate the convictions and order a new trial, or in certain cases, enter a judgment for the defendant. Should the Appeals Court affirm the convictions, the defendant may file an application for further appellate review requesting that the Supreme Judicial Court review the case.

Handling an appeal requires the Assistant District Attorney to confer with the prosecutor who conducted the trial; review the arguments contained in the defendants brief; research the various legal issues those arguments involve; and draft a brief for submission to the appropriate appellate court. The appellate attorney will then argue the case before a panel of the seven Justices of the Supreme Judicial Court.

Appeals During Trial

The Appellate Division also handles interlocutory appeals, which are filed either by the Commonwealth or by the defendant during the course of a trial rather than following conviction. The appealing party first presents the appeal to one of the Justices of the Supreme Judicial Court, who decides whether to deny the request or to grant the appeal and transfer the case to the Appeals Court or to the full panel of Supreme Judicial Court Justices for a decision. In addition, Appellate Division attorneys argue in opposition to post conviction motions for a new trial filed by defendants in Superior Court. These motions involve issues similar to those a defendant might raise on appeal and are often filed years after the convictions they seek to overturn have occurred. Appellate prosecutors may also handle petitions for stay of execution of sentence, which the defendant files in the Superior Court or one of the appellate courts requesting that he or she by released on bail pending the appeal.

Violations of Open Meeting Law

Another function of the Appellate Division is to respond to complaints from Norfolk County citizens alleging that a government body has violated the Open Meeting Law, which prohibits government officials from deciding public matters in private settings. The division investigates the complaint to see if a violation of the law has occurred and decides upon the appropriate remedy, if necessary. Appellate prosecutors also answer questions regarding the Open Meeting law from government officials and educate them on how to comply with the law.

Other Duties of Appellate Division

Appellate Division attorneys may also "second seat" trial prosecutors in murder cases or other designated cases. They also coordinate training programs for the legal staff and, where appropriate, the broader law enforcement community.