Clients often believe an appeal is their second shot at trial. That’s a mistaken belief. An appeal is not an opportunity to present new evidence or convince a judge or jury that a Client is not guilty. Nor is appeal the opportunity to “redo” mistakes made at trial. Rather, appeal is the Client’s only opportunity address errors made at trial.
Unlike a trial which is hearing based, an appeal is “paper based.” First, a Notice of Appeal must be filed 30 days after sentencing. Second, the appellate attorney reviews the case documents and transcript of the trial proceedings to determine whether statutory or constitutional errors undermined the Client’s right to a fair trial. Third, any such errors are presented in a written “Merit Brief,” which is filed with the Court of Appeals on the Client’s behalf. Fourth, the appellate attorney argues the Client’s strongest position in a 30 minute “oral argument” before a three-judge panel of the Court of Appeals. The entire process, from the filing of the Notice of Appeal to the filing of the Court of Appeals’ Opinion and Judgment Entry, takes approximately 12 months.
If you’ve recently been convicted of a crime and are looking for an appellate attorney to review your trial proceedings, contact Harris Law Firm, LLC at 614-937-2370.
You deserved a fair trial. Did you have one?
