Steve Palmer [00:00:00]:
Alright. Steve Palmer here. Lawyer talk. What's the appeal? Today, I'm gonna jump right in. I'm gonna talk about something called en banc review. And I know that sounds boring, but I'll try to spice it up and make it at least sort of fun. En banc review has nothing to do with going to the bank, by the way. It has nothing to do with money.
Steve Palmer [00:00:14]:
But I just had this come up in a case, and it doesn't happen very often. And, basically, here's what it is, and then I'll explain sort of why why it might apply in a certain appellate case. So a court of appeals, this is on, you know, sort of above the trial court. You've been convicted of a crime. The court of appeals is looking at it for one reason or another. And let's say one party, it could be the government or the prosecutor, could be us, the defense, the good guys. We didn't win in the court of appeals. Now we want the court of appeals to review it en banc.
Steve Palmer [00:00:44]:
And I think that comes from the French on the bench, which doesn't really fit what's going on. But en banc means, generally this. When I first have a case and I argue it in the court of appeals, there's typically a subset of the members of the panel. So, usually, I'm arguing to three and maybe the whole court has five, seven, nine, whatever, how many judges, depending on what district you're in or what what jurisdiction you're in. And only three people heard my appeal. Only three people, either all or maybe there was a dissent, three people, rule against me. And I say, you know what? I don't like that. I want the entire court.
Steve Palmer [00:01:19]:
I want everybody, all the judges to look at this and rehear it en banc. And that's what en banc review is. So I make the request. I tell them or I file a document, and most appellate rules have a provision for this. I file a document asking the court, to look at it en banc. And usually, what that is usually, what we're asking them to do or or the reason we're asking it is because there's some some part of this decision that doesn't wash. Maybe it's in conflict with other jurisdictions around the state. Maybe it's in conflict with other jurisdictions around the country.
Steve Palmer [00:01:51]:
Maybe it, it's there's other decisions within the same appellate district that are different than this one or or bear on this one in a way that I think are are relevant. So we ask the court to review it en banc. And if they do if they do review it en banc, they get in we get a new decision. So they may just say, yeah. We agree with the original court, and it's a quick decision. Or they may write a whole new decision, with a completely different body of reasoning and a completely different outcome. So who knows? After that, of course, you can appeal to the next level, and that is en banc review. Again, I know it's boring, but what's the appeal? Well, if you're in an appeal, trust me, it's not boring if you're sitting in prison hoping to get your case reversed.
Steve Palmer [00:02:32]:
And if that's the case, by the way, check us out, Palmer Legal Defense. You can check that at palmerlegaldefense.com. And, of course, here, if you've got a question, a comment, a topic you want me to cover, lawyertalkpodcast.com or leave it in the socials here. I'll, I'll do my best to answer it. Lawyer Talk, off the record, on the air. What's the appeal?