During an appeal, a higher court reviews a lower court’s decision and can either affirm or reverse the decision or send a case back to the trial court. However, not all appeals sail through. A good number of them are denied for several reasons. Understanding why your...
Federal Appeals
Fruit of the poisonous tree and the right to an appeal
Defendants who take their criminal cases to trial often feel very strongly about the need to prove their innocence. They believe that the courts should exonerate them after a review of the situation. However, police officers and prosecutors often do their best to...
What is “vouching” and why is it prosecutorial misconduct?
One of the grounds for appealing a federal (or state) conviction is prosecutorial misconduct. It’s understandable to feel that a prosecutor was out to get you or was unnecessarily tough. However, that alone doesn’t rise to the level of prosecutorial misconduct. Like...
Could AI inspire more reasons to seek post-conviction relief?
There is no question that AI is changing American life. From the ways that Hollywood storyboards new ideas to the ways that high school literature students outline their papers, AI’s influence is creeping into virtually all electronic means of research, content...
Common reasons to file a post-conviction appeal
Post-conviction appeals serve as a crucial mechanism for individuals seeking recourse after an unfair and unfavorable trial verdict. When a conviction occurs, it is not necessarily the end of a defendant’s legal road. Post-conviction appeals offer an opportunity to...
What is ineffective assistance of counsel?
Appealing a criminal conviction is notoriously difficult, and there are very few grounds to do so. However, one legitimate ground for criminal appeals is ineffective assistance of counsel. Legal professionals are only human, and they are not immune from making...
What are written and oral arguments in federal appellate cases?
Navigating the federal criminal appeals process can be daunting, especially for those appealing a conviction, as well as their loved ones. Understanding the distinct roles of written and oral arguments in this process is crucial. These two forms of arguments are...
Post-conviction proceedings defendants should be aware of
Most people assume that a judgement of conviction marks the end of a criminal case. However, a number of post-conviction proceedings may follow, which can shorten or eliminate a defendant’s sentence. Essentially, post-conviction proceedings are pivotal in protecting a...
Where are appeals heard?
If you are found guilty in a case and believe you were wrongfully convicted or the sentence was too harsh, you can appeal your case. This won't be another trial – you will have the opportunity to pinpoint specific errors during your trial. But where can you do this?...
Common misconceptions about criminal appeals
Criminal appeals are an important part of the legal system. They provide an option for people convicted of a crime to have their trial and the legal process reviewed. However, several common misconceptions surrounding this area of law can affect both public...