Question

A criminal case can be overturned by an appellate court only if:

OA. the trial court made some kind of legal mistake.
OB. the police have discovered new evidence.
C. the defense has found new witnesses to testify.
D. the prosecution believes the jury ruled incorrectly.

Answer 1

A

Step-by-step explanation:

An appellate court may only overturn or remand cases. To be overturned, the lower court must have erred in applying the law.

New evidence and witnesses are not allowed to be considered in an appellate court, nor does such a court have jurisdiction to overturn a jury verdict, short of a judge issuing improper jury instructions (which would be considered an error in law).

Motion for a retrial may be available under options B, C, D; however A is the appropriate answer to this question.