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Ocelot II

(128,264 posts)
12. It's true that the Constitution does not expressly guarantee the right to an appeal,
Tue Dec 6, 2022, 02:29 PM
Dec 2022

but many of SCOTUS' criminal procedure decisions have at least implicitly recognized that right. Also, the criminal procedural system relies on appellate remedies as part of fundamental due process. Whether a person can remain free under conditions pending appeal depends on the rules of the particular court where they were sentenced. You could argue that since an appellate court could overturn the defendant's conviction, he could be considered as at least possibly innocent and therefore entitled to supervised freedom unless/until there is a final determination that he is guilty.

But all this is way above my pay grade. I'm just engaging in legal woolgathering.

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