7.4. Structure of the Courts: State Courts 
LORE RUTZ-BURRI 
 State Court Systems 
Each state has its own independent judicial system. State courts handle more than 90 percent of criminal 
prosecutions in the United States. Although state court systems vary, there are some common features. Every 
state has one or more level of trial courts and at least one appellate court.  Although there is no federal 
constitutional requirement that defendants be given the right to appeal their convictions, such a right is 
arguably implicit in the due process clause of the Fourteenth Amendment. Moreover, every state has some 
provision, usually within its own constitution or statutes, that provides defendants at least one appeal. Most 
state courts have both courts of general jurisdiction, which conduct felony and major misdemeanor trials, and 
courts of limited jurisdiction, which conduct violations, infractions, and minor misdemeanor trials. Similar to 
the U.S. Magistrate Courts, states’ courts of limited jurisdiction will also handle pre-trial matters for felonies 
until they are moved into the general jurisdiction court. Most states have intermediate courts of appeals and 
some have more than one level of these courts. All states have a court of last resort, generally referred to as 
the Supreme Court. Some states court systems are streamlined, and some are complex, with most states fall 
between the two extremes. 
Hierarchy of State Courts 
State trial courts tend to be busy, bustling places with lots of activity. Appellate courts, on the other hand, 
tend to be solemn and serene, formal places.  Scheb noted, 
“Appellate courts are different than trial courts, both in function and ‘feel.’ Unlike a trial court, which is 
normally surrounded by a busy atmosphere, an appellate court often sits in the state capitol building or its 
own facility, usually with a complete law library. The décor in the building that house appellate courts is 
usually quite formal, and often features portraits of former judges regarded as oracles of the law. When a 
panel of judges sits to hear oral arguments, they normally emerge from behind a velvet curtain on a precise 
schedule and to the cry of the court’s marshal. When not hearing oral arguments, appellate judges usually 
occupy a suite of offices with their secretaries and law clerks.  It is in these individual chambers that appellate 
judges study and write their opinions on cases assigned to them.” 
1 
Kerper describes the flow of a case through the hierarchical structure of the courts as follows: 
1. Scheb II, J.M. (2013). Criminal Law and Procedure (8th ed., pp. 43). Belmont, CA: Cengage. 
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