If you have been convicted of a crime in DeKalb County, GA, you have precisely 30 days to file an appeal (or to file a Motion for a New Trial, which will extend the time for filing an appeal). Starting a Georgia Post-Conviction Appeal The process for starting the Georgia criminal post-conviction appeal process involves… Read More
appeals process
How an Appeals Lawyer Can Help Even After Conviction
Why an Appeals Lawyer Can Still Help You After a Conviction There are a number of reasons why people are often confused or uncertain about the appeals process, mainly that few of us personally know people who have been required to navigate it. Federal appeals can seem mysterious. If you are interested in pursuing a… Read More
How to Choose a Defense Attorney for a Successful Appeal
CHOOSING A DEFENSE ATTORNEY TO APPEAL YOUR CASE When you’re facing a criminal case in federal district court, it’s vital that you select the right criminal defense lawyer for you. What happens in the trial court can have a significant impact on your rights and your future, and often public defenders are too overburdened to… Read More
The Role of New Evidence in a Trial
Supreme Court Case Denies Petition in Federal Criminal Trial The United States Supreme Court recently rejected a man’s petition for further DNA testing of a crime scene, which the man claims will establish his innocence. The man in question was convicted of a 1996 murder and sexual assault of a woman. In 2015, the man’s… Read More
Understanding Ineffective Assistance of Counsel
A man on Texas death row was recently allowed to move forward in a criminal appeal concerning whether the man’s legal counsel was deficient during the sentencing phase of a trial involving allegations that the man strangled and raped a 16-year-old in Waco in the late 1980s. As part of this ruling, two of three… Read More
The Plain Error Rule in Criminal Federal Appellate Cases
The United States Supreme Court recently heard oral arguments in the case of Rosales-Mireles, which forced the court to determine when a court of appeals should exercise its discretion when confronted with an obvious guideline error that results in a defendant serving a longer prison sentence. The case at hand involves Rosales-Mireles, who plead guilty… Read More
Should I Appeal My Conviction Sentence?
Although you might feel that a sentence in a criminal case is an immovable challenge, there are still some options left for individuals, including an appeal. Some decisions, however, can be appealed if a conviction is unfair or a trial was improperly conducted. If there was any improper or unlawful element in your trial, it… Read More
Discretionary Appeals Versus Appeals as of Right
If you have been indicted for a federal crime, taken to trial in federal court, and were found guilty and sentenced, then you have the right to appeal the ruling to the Circuit Court. This is because following a trial in the federal court system, any appeal that you make to the federal appellate… Read More
Appealing to the Supreme Court of the United States
If you get charged with a crime and convicted, one of your options is to exercise your right to appeal the verdict. This applies if you took the case all the way through trial and were convicted by a jury, or if you took a plea deal, so long as you reserved the right to… Read More