Functions of the Appellate Unit 
                Whether decided in the Norfolk Superior Court or one of the   District Courts, criminal cases often do not end with the verdict at trial. A   defendant has the right to appeal his or her convictions to one of the appellate   courts of the Commonwealth for a determination of whether the judge, prosecutor,   or defense attorney committed certain legal errors or if there are any other reasons that prevented the defendant   from receiving a fair trial. 
                  
                
                Appeals Following Conviction 
                The main function of the Appellate Unit is to handle these   types of appeals, which are decided by either the Appeals Court of Massachusetts   or the Supreme Judicial Court of Massachusetts, the highest court in the   Commonwealth. The Appeals Court decides all post-conviction appeals except those   from convictions of first-degree murder - which by statute are automatically   heard in the Supreme Judicial Court - and those which the Supreme Judicial Court   elects to transfer from the Appeals Court. 
                Should the appropriate appellate court determine that the   defendant did not receive a fair trial, it may vacate the convictions and order   a new trial, remand the case for additional findings or resentencing, or in certain cases, enter a judgment for the defendant. Should the   Appeals Court affirm the convictions, the defendant may file an application for   further appellate review requesting that the Supreme Judicial Court review the   case. The Commonwealth may also seek further appellate review in a case decided adversely to the Commonwealth. 
                Handling an appeal requires the Assistant District Attorney to   confer with the prosecutor who conducted the trial; review the arguments   in the defendant's brief; research the legal issues those   arguments involve; and draft a brief for submission to the appropriate appellate   court. The appellate attorney will then argue the case before a three Justice panel, the   Appeals Court or the seven Justices of the Supreme Judicial Court. 
                
                    Appeals During Trial 
                The Appellate Unit also handles interlocutory appeals, which   are filed either by the Commonwealth or by the defendant during the course of a   trial. The appealing party first presents the   appeal to one of the Justices of the Supreme Judicial Court, who decides whether   to deny the request or to grant the appeal and transfer the case to the Appeals   Court or to the full panel of Supreme Judicial Court Justices for a decision. This process can result in delays before trial. In   addition, Appellate Unit attorneys may argue in against post conviction   motions for a new trial filed by defendants in Superior Court or District Court. These motions   involve issues similar to those a defendant might raise on appeal and are often   filed years after the convictions they seek to overturn have occurred. Defendants also often file motions to withdraw a plea entered many years earlier. Appellate   prosecutors may also handle petitions for stay of execution of sentence, which   the defendant files in the Superior Court or one of the appellate courts   requesting that he or she by released on bail pending the appeal. 
                
                  Other Duties of Appellate Unit 
                Appellate Unit attorneys may also "second seat" trial   prosecutors in murder cases or other designated cases. They also coordinate   training programs for the legal staff and, where appropriate, the broader law   enforcement community. In addition, the Appellate Unit attorneys respond to public records requests and assist trial prosecutors with legal issues that arise during trial.