What Are The Most Common Reasons Federal Criminal Appeals Are Filed?
- Decisions on the admission of evidence
- Lack of sufficient evidence to support a conviction
- Jury issues, such as selection or instruction issues
- Sentencing errors
- Ineffective assistance of counsel
What Qualifies For An Appeal?
Generally, a final decision or judgment by a trial court or a verdict by a jury can be appealed.
What Makes Up A Good Case For An Appeal vs. One That Won’t Be Eligible?
A good case for appeal is one where the record has been preserved, there is a definite finality and a clear ground to pursue at a higher level.
Can You Appeal A Case Where You Plead Guilty?
Yes, but it can make it harder. Sometimes if a person enters a guilty plea they enter into a plea agreement and agree to waive their right to appeal. However, even those types of cases should be reviewed by an experienced appellate attorney to determine if the appeal waiver can be challenged. If no valid waiver, even if you plead guilty, you can still pursue issues such as evidence determinations and sentencing errors.
What Prior Steps Must A Person Follow To Appeal A Conviction?
Even before a conviction, it’s important that the trial attorney make a good record before the trial court by filing motions, making objections, etc. Following a conviction, a Notice of Appeal must be filed with the trial court following sentencing and judgment.
What Is The Timeframe Someone Has To Appeal?
In Federal District Court, an individual has 14 days from entry of the Criminal Judgment to file their Notice of Appeal to the Circuit Court of Appeals.
In State Court, one has 30 days to appeal from a trial court to the Court of Appeals.
What Factor(s) Will Lead To An Appellate Court Reversing A Decision?
That’s the million dollar question, isn’t it?!?
Usually, if a trial court makes a mistake of law, things such as making incorrect evidentiary decisions or errors in sentencing, an appeals court is more likely to reverse what the trial court did.
If A Party Loses Their Case, Are There Possibly Further Steps They Can Take?
Possibly. For instance, in state court, a party that loses at the Court of Appeals can ask the State Supreme Court to hear the case.
At the Federal level, if an Appeal loses at the Circuit Court, they have the option to file a Motion for En Banc Review (ask entire Court to hear the matter), or for a panel rehearing or reconsideration. If that’s not successful, then a party can ask the United States Supreme Court to review the case.
There are also avenues called “collateral attacks” on a conviction. These may not be direct appeals, but include things like prosecutorial misconduct or ineffective assistance of counsel.
For more information on Common Reasons For Filing A Federal Appeal, For A Consultation is your next best step. Get the information and legal answers you are seeking by calling (859) 342-4500 today.