Federal Appeals Archives - Federal Criminal Law Center

Can Habeas Corpus Help Me Appeal My Conviction?

Posted by Marcia Shein
On April 9, 2025
0 Comments

The term “habeas corpus” is often heard in the context of the appeals process after a conviction. What is habeas corpus, and can it help you appeal your conviction? UNDERSTANDING HABEAS CORPUS Under the guarantees of the U.S. Constitution, you can’t be imprisoned unlawfully, without due process, or without the government showing just cause. The […]

Posted by Elizabeth Brandenburg
On April 9, 2025
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Alabama Criminal Appeals, Appeals, criminal defense attorney, Drug Offenses

If you have been charged with a federal drug crime, you likely understand that convictions can seriously impact your future through prison sentences, fines, and damage to your reputation. A seasoned criminal defense attorney can discuss the various potential ways in which you might able to appeal your case. This article will review some of […]

Use of Juror Errors in Answering Voir Dire Inquiries as Grounds for Post-Conviction Appeals

Posted by Elizabeth Brandenburg
On April 9, 2025
0 Comments

The general rule is that errors made by jurors when they are responding to voir dire questions are not grounds for overturning a conviction where the jurors errors in answering are honest and/or mistaken. The Constitution guarantees both criminal and civil litigants a right to an impartial jury and voir dire questioning is an essential […]

Posted by Elizabeth Brandenburg
On April 9, 2025
0 Comments
blackwater, Federal Appeals, military

In May 2018, the United States Supreme Court declined to hear an appeal that was filed by former workers at Blackwater Worldwide, which is a private security firm that worked in coordination with the federal government to provide security assistance to United States diplomats working in Iraq. This appeal is significant because it has the […]

What are Post-Conviction Appeals?

Posted by Marcia Shein
On June 28, 2022
0 Comments
Post-Conviction Attorney, post-conviction relief

In general, the word “conviction” means that, after trial, the jury has returned a verdict of “guilty” on at least one criminal charge. Post-Conviction Appeals Very broadly, the legal phrase “post-conviction appeal” means any effort that occurs after conviction by a jury of one or more criminal charges that seeks to overturn, nullify, or modify […]

What is Appellate Jurisdiction?

Posted by Marcia Shein
On May 7, 2022
0 Comments
Alabama Criminal Appeals, appellate jurisdiction

Breaking Down Appellate Jurisdiction Appellate jurisdiction refers to the ability of an appeals court to review and make decisions on cases heard by trial courts as well as other types of “lower” courts. To navigate appellate court cases, many people find it vital to obtain the assistance of an experienced appellate lawyer. It also helps […]

Post-Conviction Appeals Based on Juror Misconduct and Social Media Use/Access

Posted by Marcia Shein
On January 20, 2022
0 Comments

Criminal defendants are entitled to due process. One crucial component of due process is that a criminally accused be given a trial “by an impartial jury.” In this regard, the United States Supreme Court has held that the impartiality of a jury is compromised by “any private communication, contact, or tampering directly or indirectly, with […]

Unreasonable Delay in Seeking Warrant Might be Grounds for Post-Conviction Appeal

Posted by Marcia Shein
On January 7, 2022
0 Comments

When law enforcement officials seize property — like a vehicle, a briefcase or a laptop computer — as part of a criminal investigation, law enforcement is required to obtain a warrant from a judge for a subsequent search of the contents. If there is probable cause, the police are allowed to temporarily seize the property […]

What Does “Remand for Further Proceedings” Mean?

Posted by Marcia Shein
On October 21, 2021
0 Comments

When appellate courts resolve post-conviction appeals, if the appeal is successful, the appellate court will complete their ruling by ordering that the case be “remanded for further proceedings.” Sometimes a phrase is added requiring that the further proceedings be “consistent with this opinion.” So, what does “remand for further proceedings” mean? “Remand” is a judicial […]

What is a Suppression Hearing and How Can it Help My Criminal Defense or Post-Conviction Appeal?

Posted by Marcia Shein
On August 30, 2021
0 Comments

A “suppression hearing” is a proceeding conducted before a criminal trial judge that involves a motion to suppress or exclude evidence from being used at trial. Almost always, suppression hearings are conducted before the criminal trial begins. In federal criminal proceedings, Rule 41(h) of the Federal Rules of Criminal Procedure governs motions of this sort. […]

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