Clerical Errors, Courtrooms, and Climbing the Legal Ladder
Ever been told, “You’ve got no right of appeal”? It’s a phrase people throw around with confidence—and often, complete inaccurately. This week, I’ve been thinking a lot about appeals. Not the romantic kind (although, wouldn't courtroom dramas be more fun if there were roses involved? (I would have love to see Martha Costello and Clive Reader falling in love in the court room as they face off in yet another criminal trial), but the dry, process-heavy, incredibly important kind that lawyers lose sleep over. Appeals aren’t “redos”—they’re about asking a higher court to check if something went wrong. Not just because a party didn’t like the outcome, but because a significant error of law or process affected the decision. Most appeals don’t even get off the ground without permission from the court, and that’s especially true in civil cases. But criminal law? There, you’ve often got an automatic right to apply. And what are we really appealing? Usually, it’s not the facts. It’s not that the