It depends on the error that the appellate court rules on in your favor. So, in the case where the judge at the trial level denied your motion of suppress and you win that issue on your appeal and the appellate court agrees that the evidence shouldn’t have been suppressed, that will ultimately lead to a dismissal because without the evidence to submit at the trial, they can’t convict you. So, that would be the type of example where the case would get dismissed. Where the judge does or creates error or commits error in other aspects of the case.
Most Reversals are Remanded, Meaning the Case is Sent Back to the Trial Court for a New Trial.
For example, if your lawyer objects to the other lawyer of leading the witness all the time and the prosecutor continues to lead the witness and the judge lets some get away with it, that kind of error doesn’t mean that you’re not guilty but if it led to an unfair trial. It allows the appellate court to reverse your conviction and have the case retried directing the judge to ensure that that error doesn’t happen again. It depends on the type of error that the appellate court chooses to rule on your behalf that’ll dictate whether or not it’s error that should have been corrected for a fair trial but is not disposed of or does not prove guilt or innocence which requires a new trial. Most reversals are remanded, meaning the case is sent back to the trial court for a new trial.
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