Missouri Criminal Appeals: Expert Guidance for Overturning Guilty Verdicts and Pleas

In the realm of criminal law, a guilty plea or guilty verdict does not always conclude the case. The pursuit of justice sometimes extends beyond sentencing, leading to the appellate process.

Looking to Appeal Your Recent Criminal Case?

In Missouri, filing an appeal can be a crucial step toward righting wrongs and correcting legal errors. If you have been found guilty of or have pleaded guilty to a criminal offense, you have the right to appeal that decision to the Missouri Court of Appeals. Given the strict timelines governing appellate procedures, it’s imperative to engage with an attorney as soon as your criminal case is complete. The appellate process can be complicated and overwhelming, but an experienced attorney can guide you through its intricacies while safeguarding your rights every step of the way.

Appeal Following a Guilty Verdict at Trial

Abiding by the time restrictions in a direct appeal is the most critical part of the process. Failure to follow the due dates could result in a waiver of your right to an appeal. Generally, you have 10 days from the date you are convicted and sentenced to file the notice of appeal in the county court in which you were convicted. The notice of appeal will be sent to the appropriate appellate court. The appellant then has ninety days to file the record on appeal, including all relevant trial documents and transcripts. Following this, there’s a 60-day window to file a brief with the appellate court. It is important to contact an appellate attorney to help you navigate appellate procedures without overlooking any of these crucial deadlines.

Arguments raised on a direct appeal are limited to errors made by the trial court. It is important to note that the court is strictly limited to reviewing only legal files and transcripts, and they will not reweigh evidence. Several types of errors can be raised in a direct appeal. Some of the most common trial court errors for the appellate court to review are when

Insufficient evidence is presented. You want to argue that the prosecutor did not present enough evidence to prove your guilt at trial.
There was an error in admitting or excluding certain evidence or testimony.
There was an error in the instructions provided to the jury.
There was an error regarding jury selection.
Prosecutorial misconduct occurred.

Additional arguments may apply and are determined on a case-by-case basis by an experienced appeals attorney, like Sarah Ernst at Silvey & Associates, who can meticulously assess your case and leverage claims on your behalf. Through her seasoned expertise, Sarah can discern the most promising claims for your appeal. Once those claims are identified and argued in the appellant’s brief, you then have an opportunity to present an oral argument to the court of appeals. The oral argument portion typically includes a presentation to a panel of three judges, who are poised to interject and ask challenging and intricate questions regarding your legal claims. These arguments can be quite complex, but an experienced appellate attorney will ensure your claims are eloquently conveyed to the court. Moreover, your attorney will be fully equipped to delve into the nuanced details of well-researched and supported case law, reinforcing the strength of your position.

Appeal Following a Guilty Plea

If you have entered a guilty plea, you only have 180 days from the sentencing date to file a post-conviction relief motion. Once the guilty plea and sentencing transcripts are filed with the court and counsel has entered the case, counsel for the appellant has 60 days to file an amended motion. The amended motion must state all the claims under which you wish to challenge your conviction. Claims that may be argued in a post-conviction relief motion are

The conviction or sentence violates the U.S. Constitution or the Missouri Constitution. The most common argument under this claim is ineffective assistance of counsel.
The sentencing court lacked jurisdiction.
The sentence imposed exceeded the maximum sentence authorized by law.

Countless arguments can be made under the umbrella of ineffective assistance of counsel. An appellate attorney can assist you in determining exactly which claims may apply to your case. The circuit court may hold an evidentiary hearing, providing you with an opportunity to prove your claims. After the hearing, the court will issue its findings of fact and conclusions of law regarding each claim that was presented. If the court denies you relief, you can appeal that denial to the Missouri Court of Appeals.

Navigating the appellate process is a daunting task, but you don’t have to tackle it alone. Sarah Ernst is your trusted ally in the pursuit of justice. Sarah has worked on both sides of the appellate process. As an assistant attorney general, she argued on behalf of the state to uphold convictions, giving her a unique advantage in effectively representing appellants. Her impressive track record in all three of Missouri’s appellate courts positions her as a formidable advocate ready to tenaciously represent you on appeal. With a deep understanding of Missouri’s legal intricacies and an unwavering commitment to client advocacy, Sarah will fight tirelessly to ensure your rights are protected, and you achieve the justice you deserve.

This post is sponsored by Silvey & Associates. Sarah Ernst is based in Jefferson City, Missouri. Learn more about Silvey & Associates at silveylegal.com.