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Understanding Your Options: Appeal vs. Post-Conviction Relief

When facing a criminal conviction, it’s essential to understand the legal avenues available to challenge the outcome. Two common options are an appeal and a petition for post-conviction relief, but they differ significantly in their scope and the types of challenges they address. This blog post will clarify the distinctions between these two processes.  

Appeal: Challenging Errors on Record

  • An appeal focuses on errors that occurred during the trial itself. This includes issues that are documented in the official record, such as:
    • Incorrect rulings on motions
    • Errors in court entries
    • Mistakes in the jury instructions
  • The appeal process is typically limited to reviewing the evidence and arguments that were presented during the trial.

Petition for Post-Conviction Relief: Introducing New Evidence

  • A petition for post-conviction relief, on the other hand, allows you to challenge your conviction based on evidence that was not part of the original trial record. This might include:
    • A new witness affidavit
    • Newly discovered business records
    • Any other evidence that was not presented during the trial
  • This type of petition is used when there’s a claim that the conviction was based on incomplete or inaccurate information.

Key Differences Summarized

Feature

Appeal

Petition for Post-Conviction Relief

Focus

Errors in the trial record

Evidence outside the trial record

Evidence

Limited to the trial record

Can introduce new evidence

Common Examples

Incorrect jury instructions, evidence errors

New witness, previously unknown information

 

When to Seek Legal Assistance

If you believe that evidence exists that was not presented during your trial and that this evidence could impact the outcome of your case, it’s crucial to seek legal counsel.

Contact Harris Law Firm

Harris Law Firm: appeals and post-conviction relief. If you have questions about your options or believe you have grounds for either an appeal or a petition for post-conviction relief, contact them at 614-887-8958. Their experienced attorneys can evaluate your case and help you determine the best course of action.

Disclaimer: This blog post provides general information and should not be considered legal advice. It is essential to consult with a qualified attorney to discuss your specific situation and determine the best course of action.  

Categories: News, ResourcesBy Felice Harris, Esq.
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Author: Felice Harris, Esq.

Attorney Felice Harris began her legal career as an appellate attorney with the Office of the Ohio Public Defender and, after navigating the complexities of post-conviction practice, prosecuted misdemeanor offenses with the Columbus City Attorney. Shortly after returning to OPD, she began supervising the Juvenile Division where she managed on and off-site staff, prepared budgets, drafted grants, spoke at conferences, testified before the Ohio legislature, and collaborated with local and state agencies. The consummate learner, Ms. Harris holds a Master’s degree in Counselor Education and was awarded the CUNY Graduate Center Presidential MAGNET Fellowship (2003 – 2007) as she pursued a Ph.D. in Criminal Justice. In 2009, Attorney Harris opened her first solo practice, handling delinquency, criminal, A/N/D, and appellate matters. Currently, Ms. Harris focuses solely on appeals and post-trial motions. Ms. Harris is licensed to practice law in Ohio, the Federal District Courts for the Northern and Southern Districts of Ohio, the Sixth Circuit Court of Appeals, and the United States Supreme Court.

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