APPEALS

WHAT IS AN APPEAL? It is a review of a case, based on the transcript of the trial and the written arguments (briefs) filed by defendant and the state. It is not a new trial. The focus of the Court of Appeal is on the procedures followed rather than on the facts. Worded differently, it is a review for legal errors, not factual errors.

WHAT DOES THE COURT OF APPEAL CONSIDER? The review is based on the written record in the case. The Court of Appeal is limited to the record and cannot consider anything which is not in the record.

HOW LONG DOES IT TAKE? On average, the Court of Appeal decision takes 12-18 months from sentencing.

 WHAT ARE THE STEPS IN AN APPEAL?

1. Motion for Appeal filed,
2. Transcripts typed by court reporters,
3. Transcripts read by attorney, searching for errors,
4. Record (transcripts and all pleadings) filed with the Court of Appeal,
5. Brief prepared and filed on your behalf,
6. State files a brief,
7. The Court of Appeal takes the matter under consideration and renders a decision,
8. We mail the decision to you when it is received from the Court of Appeal.

WHY DOES IT TAKE SO LONG? There are delays built into the system for each of the steps, including the preparation of the transcripts, reading them, time limits for filing our brief and the State’s brief, then setting the case for argument. Additionally, the cases are considered in the order that they were filed.

CAN I GET MY TRANSCRIPT? Some of the court reporters deliver a copy of the transcript to us. Others do not. We have no control over whether or not we get a copy of the transcript. If we get a copy, it will be sent to you automatically along with the brief when it is filed. Obviously, if we do not get a transcript, we can not send it. Note that we always have access to the court’s record in handling your case so will not be prevented from making a full review if a copy of the transcript is not provided. Once it is prepared, a copy of the brief will be sent to you, along with either the transcript or a statement that none was received, without the need of any request from you. This is a matter of routine for my office.

WHAT DO I NEED TO DO? Please write and give me your address each time you move. As soon as you know it, please include your DOC number. That will make it easier to reach you to send the transcript, brief or for any other communication. You may write me at (Attorney' Name and Address).