What is the difference between an unpublished denial on appeal & a published opinion?
- vieinsights
- 6 days ago
- 3 min read
One of many perplexing concepts to a defendant traveling through the slow criminal justice process on appeal and his or her family members is the idea of published or unpublished opinions.
Getting denied is bad enough, but what does it mean if the appellate court’s denial is published or unpublished? What does it mean when the court denies the appeal without an opinion?
In Alabama, the difference is clarified by rule. The Alabama Supreme Court is empowered to affirm without an opinion when the Court believes an opinion would serve no precedential purpose and one of six circumstances exists in the case:
(A) The judgment or order appealed from is based on findings of fact that are not clearly, plainly, or palpably erroneous;
(B) The evidence adequately supports the jury verdict on which the judgment or order is based;
(C) In a nonjury case in which the judge has made no specific findings of fact, the evidence would support those findings that would have been necessary to support the judgment or order;
(D) The order of an administrative agency is sufficiently supported by the evidence in the record;
(E) The appeal is from a summary judgment, a judgment on the pleadings, or a judgment as a matter of law, and that judgment is supported by the record; or
(F) The court, after a review of the record and the contentions of the parties, concludes that the judgment or order was entered without an error of law. [1]
“Precedent” in turn means a decision of a court that can be considered an authority for other cases involving similar facts or legal issues. [2]
Similarly, the Alabama Court of Criminal Appeals is empowered to affirm (deny) an appeal without opinion if the court believes that an opinion would serve no precedential purpose. [3] Nonetheless, in these cases, the court is required to write a memorandum addressing the arguments raised on appeal and give a reason for rejecting them. [4] Such cases are designated as “No Opinion” cases and go unpublished in the official reports. [5] The “No Opinion” cases have no precedential value, meaning that they cannot be relied on as authority in other cases. [6]
In federal courts of appeal, unpublished opinions also have no precedential value. [7] Certain courts vary in their processing of opinions as well. For example, opinions in the Eleventh Circuit are unpublished unless a majority of the judges decide to publish it. [8] One positive to the federal appellate courts is the availability of their opinions. The First [9], Second [10], Third [11], Fourth [12], Fifth [13], Sixth [14], Seventh [15], Eighth [16], Ninth [17], Tenth [18], Eleventh [19], and D.C. Circuit Courts of Appeals [20] all provide robust search options for opinions.
Litigating an appeal and seeking postconviction relief is a difficult process. If you or someone you love is in need of assistance on appeal or seeking postconviction relief, contact Peter Armstrong, Attorney at Law, for a free consultation.
Citations:
1. Ala. R. App. P. 53. (https://judicial.alabama.gov/docs/library/rules/ap53.pdf)
2. Generally, consider the definition of “precedent” as provided by Cornell Law School: https://www.law.cornell.edu/wex/precedent.
3. Ala. R. App. P. 54. (https://judicial.alabama.gov/docs/library/rules/ap54.pdf)
4. Id. at 54(b).
5. Id. at 54(b) & (c).
6. Id. at 54(d).
7. Moore v. Barnhart, 405 F.3d 1208, 1211 n.3 (11th Cir. 2005).
8. 11th Cir. R. 36-2. (https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules_Bookmarked.DEC25.pdf)
