Appeals & Post-Conviction
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frequently asked questions

AZPostConviction.com

How is the appellate process organized?

The appeals process begins immediately after a verdict and sentence is issued by the judge in the lower trial court (which is called a "superior court" in Arizona, “district court” in Texas, Kansas and also in the federal system, or a “circuit court” in Missouri). After that court makes a final judgment, the defendant can appeal, and does so by filing a short document entitled “Notice of Appeal.” This document is actually filed with the clerk of the trial court, who then begins the process of transferring the case files to the appellate court. Meanwhile, the attorney who will be handling the appeal for the defendant begins formulating issues to be argued to the judges of the court of appeals, and identifying the documents the trial court’s clerk will need to transmit over to the appellate court.

In appellate courts, the attorney for the defense will try to convince a panel of judges that the prosecution or trial court committed legal errors, which should result in an order for a retrial, a reduction of sentence, or a reversal of the conviction and dismissal of all charges. If this appeal fails, the defendant can try appealing again to the state or federal supreme court.

Although a post-conviction case differs in many significant respects from an appeal, both are pursued with the goal in mind of reversing a conviction or shortening a sentence. While post-conviction litigation is explained elsewhere on this website and in the blog section, keep in mind that a defendant who loses a post-conviction challenge can appeal the denial of post-conviction relief, just as he or she did in their direct appeal.

 

Is there a deadline to file an appeal?

Yes, always! The deadline, however, differs from state to state, and from that in the Federal system. But never take “no” for an answer. Most appellate courts have rules which contain residual clauses that provide for ways to argue that an appeal filed “out of time” and beyond the deadline should be considered nonetheless, the same as if it had been filed on time initially. And, if a defendant’s appellate attorney misses a deadline, there are ways to re-open the appeal through an “ineffective assistance of appellate counsel” claim in post-conviction proceedings. So never lose hope. Consult with a competent appellate/ post-conviction lawyer before ever giving up on the basis that it is too late.

 

Do I have grounds for an appeal if my defense attorney was incompetent?

Yes. As explained elsewhere on this website, defendants have the right to a competent attorney. By carefully reviewing the details of your case, it may be determined that your original defense attorney failed to provide an adequate defense. This information can be used in a post-conviction case where the defense argues the original defense attorney committed legal errors, so much so that the case deserves a retrial, reduction of sentence, or dismissal. And, if a post-conviction claim is initially denied, that ruling can indeed be appealed, in most instances.

 

 

Contact

Jonathan Laurans believes that the best opportunity you will have to attain justice following an adverse result initially imposed in a trial court is to have an experienced appellate/ post-conviction attorney dig tirelessly into the record of a case in an effort to find the nuance which can be championed when arguing for a reversal and a new trial. Here again, time is of the essence. Deadlines in the law are difficult to circumvent, so do not delay. Call or e-mail our office today.

Do not hesitate. Call for an appointment today. (833) 421-5200 or send us an email.