After the final appellate decision has been issued, both the appellant and the appellee are entitled to file a motion for rehearing. The purpose of this motion is to bring to the court’s attention any errors of law or fact that the court may have made in its original decision. This blog post will discuss the circumstances under which a motion for rehearing is appropriate in a criminal appeal.

The Purpose of a Motion for Rehearing

A motion for rehearing is not intended to be a second bite at the apple. It is not an opportunity to re-litigate issues that have already been decided or to raise new issues that were not previously presented to the court. Rather, the purpose of a motion for rehearing is to point out errors in the court’s decision that, if left uncorrected, would result in a miscarriage of justice.

When is a Motion for Rehearing Appropriate?

Generally, a motion for rehearing is appropriate in the following circumstances:

• The Court Overlooked or Misapprehended a Material Fact or Point of Law: This is the most common ground for filing a motion for rehearing. If the court’s decision is based on a factual error or a misunderstanding of the law, a motion for rehearing may be appropriate to bring the error to the court’s attention. For example, if the court misstated a key piece of evidence or misapplied a controlling legal precedent, a motion for rehearing would be warranted.
• The Court’s Decision Conflicts with a Prior Decision: If the court’s decision is inconsistent with a previous ruling by the same court or a higher court, a motion for rehearing may be appropriate to highlight the conflict and urge the court to reconsider its decision. This is particularly important in ensuring consistency and predictability in the application of the law.
• The Court’s Decision Renders a Statute Unconstitutional: If the court’s decision effectively declares a statute unconstitutional, and there is a compelling argument that the court erred in its interpretation of the statute or its application of constitutional principles, a motion for rehearing may be appropriate.
• The Court Failed to Consider a Crucial Issue: In some cases, the appellate court may inadvertently omit consideration of a critical argument or issue that was properly raised and preserved on appeal. If the overlooked issue could have a significant impact on the outcome of the case, a motion for rehearing may be necessary to bring it to the court’s attention.
• New Authority Emerges After the Decision: While generally not a basis for rehearing, if a truly groundbreaking legal precedent or statutory change emerges after the court’s decision but before the time for filing a motion for rehearing expires, and this new authority directly impacts the case, a motion for rehearing might be considered under very limited circumstances to prevent manifest injustice. However, this is a rare occurrence.

When is a Motion for Rehearing NOT Appropriate?

It is equally important to understand when a motion for rehearing is not appropriate. Do not file a motion for rehearing simply because you disagree with the court’s decision or because you want to re-argue points that were already considered and rejected. A motion for rehearing should not be used to:

• Rehash Previously Argued Points: Do not simply reiterate arguments that the court has already considered and ruled upon.
• Introduce New Arguments or Evidence: A motion for rehearing is not the time to raise new issues or present evidence that was not part of the original appellate record.
• Express Disagreement with the Outcome: While understandable, mere dissatisfaction with the court’s ruling is not a valid ground for a motion for rehearing.
• Delay the Proceedings: Motions for rehearing should not be filed solely for the purpose of delaying the finality of the judgment.

Key Considerations for Filing

• Strict Deadlines: Motions for rehearing have very strict deadlines, often just 15 days from the date of the opinion. Missing this deadline is almost always fatal to the motion.
• Brevity and Focus: Motions for rehearing should be concise and to the point. Clearly identify the specific error and explain why it warrants reconsideration. Avoid lengthy re-arguments of the entire case.
• Specificity: Do not make general assertions. Clearly articulate the specific factual or legal error that you believe the court made.
• Professionalism: Always maintain a respectful and professional tone, even if you strongly disagree with the court’s decision.

Conclusion

A motion for rehearing is a critical tool in the appellate process, but it is one that should be used judiciously. It is designed to correct genuine errors of law or fact that could lead to an unjust outcome, not to serve as a routine second chance. By understanding the narrow circumstances in which a motion for rehearing is appropriate, and by adhering to the strict procedural requirements, you can effectively advocate for your client’s interests and help ensure the integrity of the judicial process.

If you believe the appellate court has made an error in your criminal appeal, it is crucial to consult with an experienced appellate attorney at Ordiway PLLC to determine whether a motion for rehearing is an appropriate and viable option for your specific case.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney to discuss your specific situation.