Appealing a Conviction

Many times, someone who is convicted at trial wants to appeal that conviction. Sometimes a defendant believes the jury made the wrong decision, or they are upset that a witness was less than truthful on the stand. Unfortunately, an appeal is not an opportunity to retry the case, and an appellate court is generally not going to second-guess the jury.

An appeal is an opportunity to review the case and argue that the defendant did not receive a fair trial the first time around. This will usually take the form of arguing that someone in the first trial made a mistake. A defendant appealing a conviction can aruge (1) that the trial judge made errors of law, (2) the prosecutor committed misconduct, or (3) that the defendant's own attorney failed to provide effective assistance.

A judge may allow evidence against a defendant that should have been excluded, or the judge may have excluded evidence that the defendant wanted admitted. A judge may have made rulings on motions by either party, and those rulings might be the basis of an appeal. If a judge's decisions are contrary to law or constituted an abuse of discretion, those errors could be the basis for an appellate court granting the defendant a new trial.

A prosecutor muset obey the rules of evidence and take care not to deprive the defendant of a fair trial. Sometimes the prosecutors make mistakes, and sometimes their zeal may run away with them, and they can make inappropriate comments or arguments. If those comments were prejudicial, they might be the basis to overturn a conviction.

A defense attorney should be prepared, be knowledgeable in the case and the law, and act to protect the rights of the defendant. If an attorney's performance is objectively deficient and that has a negative effect on the trial, a defendant may be entitled to a new trial. Because of the inherent conflict of interest in evaluating one's own performance - it is a good idea to consut with an attorney other than the one who handled the trial if you are seeking an appeal and believe that your attorney may have failed to provide an adequate defense.

If you have been convicted and believe that you may have an issue for an appeal, you should talk to an attorney as soon as possible. There are time lines to consider and a notice of appeal must be filed in those timelines or you could miss the window to start an appeal.