Asked 2/13/2016 – Houston, TX

I was convicted of a felony in a Federal court on a single count. The case is currently in the Appeal Court. During oral argument 2 judges hinted that they believe the jury was partially wrong. What happens if they find that the jury was partially wrong in a single count?

Answer

Hinting during oral argument doesn’t mean much. The appeals court will nigher find error or not. If no error is found, the conviction will stand. If error is found, it will be harmless error or not. If it is harmless error, the conviction stands. If there is substantive error, the appeals court has a variety of options, from granting a new trial, to requiring the lower court for clarification of the record, to rendering a different judgment entirely (which is rare). This is all speculation, however. Wait for the ruling to be handed down, then go over it with your attorney.