Once again, you show your ignorance as well as your idiocy. Not a single case ever had an opening statement. Let me educate you:
After the jury has been selected, the parties give their opening statements.The opening statements introduce the jurors to the parties’ competing theoriesof the case.
No case got that far. Many were thrown out on lack of evidence without ever allowing evidence to be presented. Judges were tossing cases based wholly on CNN and MSNBC reporting.
NOT the same, you moron.
An opening statement by lawyers to the judge, you ******* idiot.
Court of Appeals Case Processing
When an appeal is filed, the trial court sends the official case records to the Court of Appeals. When the records and the attorneys’ written arguments (briefs) have been received by the court, the case is said to be at issue and is assigned to a three-judge panel for consideration. All cases filed in the Court of Appeals must be accepted for review and decided by the court.
The brief of the person filing the appeal (the appellant) contains legal and factual arguments as to why the decision of the trial court should be reversed. The person against whom the appeal is made (the appellee) has the right to respond to these arguments.
An appellate court does not conduct trials. It reviews papers, exhibits, and transcripts from the trial court. These items are the record on appeal and are used to determine whether the trial court correctly followed the law in making its decision.
After they have reviewed the record, Court of Appeals judges may hear ORAL ARGUMENTS from the attorneys before deciding the case and issuing an opinion. A majority vote (at least two out of three judges in agreement) decides the case.
Court of Appeals judges have three choices when making a decision:
•affirm (agree with) the trial court’s decision;
•reverse the decision (disagree), or
•remand the case (send the case back to the trial court for further action or a new trial).
During ORAL ARGUMENT, the attorney for the appellant (the party making the appeal) highlights and clarifies the client’s side of the case. Then the attorney for the appellee (the party responding to the appeal) presents the other side. The justices often question the attorneys about the issues and about the case law cited in support of their position.
After reviewing the parties’ briefs and hearing the parties’ oral argument, the justices meet privately to deliberate and vote on how the case should be resolved. A majority vote (five out of seven votes) decides the case, and the Chief Justice assigns a justice to write the court’s majority opinion.