what are some issues that stand out when you appeal and what are the conflict of interes or prejudice that can file a appeal becuase you feel you did not have a fair trial
I would suggest that if the defendant did not feel he had a fair trial and was wrongfully convicted, he file a notice of appeal as soon as judgment and sentence is imposed.[60 days to file and you file in the superior court - assuming this is a felony]
Usually the attorney on alleal , after reading the trial trnscript and other relevant documents decides what issues should be raised.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
This is a very broad question and a bit difficult to answer. I'm also not sure what you mean by "conflict of interest" or "prejudice."
Also an "appeal" can encompass a few different procedures. I'm going to assume you mean a direct appeal of a conviction, rather than a writ of habeas corpus.
A direct appeal can only address errors that were "on the record"; meaning only mistakes that can be found either in the clerk's transcript (a file of all the minute orders, filings and evidence properly submitted to the court in a case) or the reporter's transcript (a transcript of everything said in court). There are an endless number of issues that can arise in the course of a criminal case, any of which can affect either the conviction or sentencing and can result in a reversal, a retrial, and/or resentencing. Additionally, some errors automatically result in a remedy from the appellate court, others require additional proof of "prejudice" (that the result would likely have been different if the error had not occurred).
In order to go forward with an appeal, you need to have filed a notice of appeal within 60 days of your conviction. You need an appellate lawyer to talk to you and your trial attorney about the case in order to see what issues you might prevail on. If you can't afford a private appellate lawyer, you have a right to be assigned an appellate attorney who will brief your case to the court of appeal.
If you have any questions about this process, you are free to contact me.
1 Errors of law are brought up on appeal, and this can be limitless. A verdict can be challenged; generally an issue of credibility can NOT, as that is usually left to the trier of fact who is in the best position to judge a witness testifying
2 Due process requires notice and an opportunity to be heard. You have a right to meaningful representation for a fair trial.
3 You question is too broad to answer in this limited forum.
VERY IMPORTANT: THERE ARE TIME LIMITS THAT YOU MUST ADHERE TO IN ORDER TO PRESERVE YOUR RIGHT TO APPEAL. CONSULT A LAWYER IMMEDIATELY.
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