Criminal Conviction Appeal
Appeal limited to record: 1) Transcripts of hearings on motions and trial – if it was not presented to the judge and/or jury it CANNOT be used on appeal, 2) Court record (motions filed with the court and the court rulings).
Standard of ReviewThe Court considers the facts in the manner most likely to uphold the conviction and sentence.
File Notice of Appeal within 20 days of sentencing.
CANNOT claim ineffective assistance of counsel on appeal.
Appellate counsel can be either the same lawyer who handled the trial or appellate counsel can be in the same office as the lawyer who did the trial.
Procedure1) Court of Appeals orders transcripts.
2) Once transcripts are in, court sets due date for opening brief 40 days after last transcript is filed with that court.
3) Opening brief (due date can be extended).
4) Once Opening Brief filed, if it is an issue brief, state must file an Answering Brief.
5) After state files the Answering Brief, defense MAY file a Reply Brief.
6) After all briefs are filed, the matter is at issue with the court of appeals.
7) The Court of Appeals does not have any time frame in which they have to rule.
8) The court generally decides the case just on the briefs that are filed.
9) If the court of appeals affirms the conviction, appellate counsel MAY file petition for review MAY be filed with the Supreme Court.
10) Once the appeal process is completed, the court of appeals issues a Mandate and Order.