Randall E. Reagan Criminal Law Blog on Lawyers.com

Randall Reagan - Knoxville Criminal Defense Lawyer

Following the conviction and sentencing of a defendant there is an opportunity to file an appeal of the conviction and/or sentence. An appeal is a request from the defendant to have a higher court review the case and assure that all proceedings were managed in a proper and fair manner. It is extremely common for convicted defendants to appeal their convictions.

There are various reasons for an appeal from a guilty conviction in a criminal case based on mistakes which affected the jury’s decision. This is known as legal error, which includes lack of adequate evidence to substantiate a guilty verdict, error in the judge’s instructions to the jury concerning the case, and permitting inadmissible evidence during the criminal process such as evidence acquired in violation of constitutional rights. A defendant can also appeal based on wrongdoings of the jurors or if there is newly founded evidence to acquit them.

If a defendant is convicted and sentenced based on a guilty plea, there is usually no appeal except as to the sentence imposed, whereas a defendant convicted after a trial has an unquestionable right to appeal both the conviction and the sentence imposed.

It is important for a defendant to notify the court of their desire to appeal their conviction or sentence as soon as their trial is complete and judgment has been entered. This is due to the fact that there are strict time limits on the filing of a notice of appeal. It can take months and sometimes years for an appeal to be heard and decided by a higher court.

When considering an appeal, the court reviews the case by looking at records of the proceedings of the trial court, which is made up of the court reporter’s transcripts of everything verbally said in court as well as anything that has been admitted into evidence. The court also looks at written briefs filed by both sides of the appeal. If the defendant is challenging a conviction or sentence their brief usually argues how and why the conviction or sentence is incorrect, whereas the government files a brief to explain why the conviction or sentence is not wrong.

Aside from the records of the previous court proceedings and the briefs, the court may also decide to hear verbal arguments from each side of the appeal before reaching a decision.

The Law Office of Randall E. Reagan
706 Walnut Street, Suite 905
Knoxville, TN 37902
Phone: 856-637-8505
www.randallreagan.com