As the community continues to daven and show support for beloved community member R’ Osher Eisemann, the appeals process is underway, and this is where it’s holding at, with a brief background of the Appeals process:
An appeal is not a new trial. It is a review by a higher court of the trial court’s application of the law. There is no jury, no testimony from witnesses, and no new evidence presented in an appeal. The appeal process begins when you file a notice of appeal to the Court of Appeals Clerk’s Office. The parties will be asked by the Clerk to complete forms necessary for the appeal to proceed.
The party filing the appeal will need to outline the reasons they believe errors were made in the procedure or application of the law during their trial. This is likely where the process in R’ Eisemann’s case is currently holding. [It should be noted that while the defense for R’ Eisemann had legitimate reasons to appeal the convictions of the jury, they only moved forward with it after the Office of NJ Attorney General Gurbir Grewel went ahead and appealed the Sentence.] There are two separate appeals going on, simultaneously. The prosecutors are appealing the sentence, while the defense is appealing the convictions of the jury (of count 3 and 5), and, consequently, of the sentence as well. The two appeals have been combined into one case so that there does not have to be two independent appeal processes.
Once both parties submit their notice of appeals to the Clerk’s office, the Clerk will assign the case to an appellate court. After that, both parties will submit a fully detailed and comprehensive brief to the court detailing why the convictions or sentencing was inappropriate and the reasons it should be overturned. This process begins the Briefing Schedule. (It is unlike the “notice of appeals” where only a brief outline is submitted to the Clerk.)
During this process, both parties are able to submit their rebuttals to the other parties brief. The briefing process is done in writing. In R’ Eisemann’s case, the deadline for all briefs is in mid-September. At that point, a hearing will be scheduled for oral arguments, where the 3 judge panel will hear the arguments of both parties. Their decision is expected sometime in December or January. The 3-judge panel has the power to override the jury’s conviction or to demand that changes the sentence.