Common Grounds for Appealing a Criminal Conviction
Facing a criminal conviction in Kansas City, Missouri, can be overwhelming and life-changing. After a trial or plea, some defendants feel that mistakes were made during their case that could have affected the outcome. When this happens, appealing the conviction is often the next step to challenge the decision and seek relief.
At JPLaw, I know that pursuing an appeal is a critical opportunity for those who believe their trial was unfair or their rights were violated. Having a skilled criminal defense attorney by your side during this process can make all the difference. Let’s explore some of the most common grounds for appealing a criminal conviction and explain why knowing your options matters.
What Happens During a Criminal Appeal?
A criminal appeal reviews whether legal mistakes happened during the trial or sentencing that could justify reversing or modifying the conviction. It’s important to remember that appeals courts do not re-examine witnesses or reweigh evidence. Instead, they look at the trial record to decide if errors of law or procedure occurred.
Many appeals focus on issues like improper admission of evidence, incorrect jury instructions, or violations of constitutional rights. If the appellate court finds the errors significant enough to affect the trial’s fairness, it may order a new trial or change the sentence.
Knowing the common reasons defendants appeal can help you recognize if your case might have grounds for review.
Errors in the Admission of Evidence
One frequent basis for appeals is the improper handling of evidence. During trials, courts must follow strict rules about what evidence can be introduced. When those rules are broken, the defendant’s right to a fair trial may be compromised.
Admission of irrelevant evidence: Evidence that doesn’t relate directly to the case but unfairly prejudices the jury.
Improperly excluded evidence: Preventing the defense from presenting relevant and favorable information.
Violation of hearsay rules: Allowing statements that are not firsthand and don’t meet exceptions.
Evidence obtained unlawfully: Using evidence gathered through illegal searches or seizures.
If your trial included questionable evidence rulings, your criminal defense attorney can review the trial record to see if these errors justify an appeal.
Jury Instruction Mistakes
The jury’s role is to apply the law as explained by the judge to the facts they determine from the trial. If the instructions given to the jury were flawed or confusing, it could affect their verdict.
Failure to include all required elements of the offense: Omitting key legal definitions that the jury must consider.
Providing misleading or incorrect instructions: Misstating the law or giving conflicting guidance.
Refusing to give requested instructions: Denying instructions that fairly present the defense’s theory.
Overemphasis on certain issues: Highlighting parts of the law unfairly or unduly influencing the jury.
These mistakes can be strong grounds for appeal, especially if they likely affected the jury’s decision.
Insufficient Evidence to Support A Conviction
An appeal may argue that no reasonable jury could have found the defendant guilty based on the evidence presented. This challenge doesn’t ask for a new trial but questions whether the proof met the legal standard.
Lack of credible witnesses: Evidence primarily comes from unreliable or inconsistent testimony.
Missing essential elements: Failure to prove every part of the crime beyond a reasonable doubt.
Conflicting evidence: Key facts contradict the prosecution’s claims.
While appeals based on evidence sufficiency are difficult, they remain an important tool in criminal defense, especially at JPLaw.
Violation of Constitutional Rights
Protecting constitutional rights is fundamental in criminal cases. When these rights are violated, it can provide strong grounds for an appeal.
Illegal search and seizure: Evidence collected without a proper warrant or probable cause.
Right to counsel violations: Denying the defendant access to a lawyer during critical stages.
Improper interrogation tactics: Coercion, threats, or failure to provide Miranda warnings.
Discrimination in jury selection: Excluding jurors based on race, gender, or other unlawful factors.
Double jeopardy issues: Being tried twice for the same offense unlawfully.
Your criminal defense attorney can identify if constitutional errors occurred and present them as grounds.
Ineffective Assistance of Counsel
Every defendant has a right to competent legal representation. If your trial lawyer’s performance fell below a reasonable standard and that failure affected the outcome, you may have grounds for appeal.
Failure to investigate or gather evidence: Missing key facts or witnesses.
Poor trial strategy or preparation: Unready arguments or missteps during court proceedings.
Failure to object to errors: Not raising objections to improper evidence or instructions.
Conflicts of interest: Lawyers having divided loyalties or personal interests affecting your case.
Claims of ineffective counsel require a detailed review but can overturn convictions if proven.
Errors During Sentencing
Sentencing issues are another common reason for appeals. These might involve mistakes in how the judge calculated or imposed punishment.
Using improper factors to increase sentence: Relying on unproven or irrelevant information.
Failing to follow mandatory sentencing laws: Ignoring required minimums or maximums.
Incorrect application of prior convictions: Mistakes in counting or applying previous offenses.
Violation of plea agreements: Sentencing outside the terms agreed upon.
Your criminal defense attorney will closely examine sentencing records to detect these errors.
Newly Discovered Evidence
Sometimes, after conviction, new evidence emerges that could affect the verdict or sentence. If this evidence was not available during the trial and might have changed the outcome, it may justify an appeal or post-conviction relief.
Witnesses who recant or change their testimony
DNA or forensic results are not available before the trial
Proof of misconduct or fabrication
Additionally, newly uncovered video footage or professional analysis can play a crucial role in supporting these claims. Such evidence can be a powerful reason to challenge a conviction and ask for a new trial, potentially leading to a different outcome or sentence reduction.
Procedural Errors
Procedural mistakes during the trial process may also warrant an appeal. These include:
Improper jury selection procedures
Errors in admitting or excluding testimony
Failure to provide proper notice or hearings
Judicial bias or misconduct
Issues such as incorrect jury instructions or violations of courtroom protocols can also be significant. Even minor errors can sometimes affect the fairness of a trial and be grounds for appeal. Careful review of these procedural aspects by a criminal defense attorney is essential to identify valid appeal points.
How a Criminal Defense Attorney Helps With Appeals
Appealing a criminal conviction is a detailed and demanding process. Having a criminal defense attorney like John Anthony Picerno on your side means you get:
Thorough case review: Identifying all potential appeal issues based on trial records.
Legal knowledge: Crafting precise arguments backed by Missouri law and appellate procedure.
Filing timely paperwork: Meeting strict deadlines to preserve your rights.
Representation in appellate courts: Handling oral arguments and communications.
Clear guidance: Explaining your options, likely outcomes, and next steps.
With experienced counsel, you have a stronger chance of correcting errors and seeking a fair resolution.
Call JPLaw Today
Appealing a criminal conviction involves raising valid legal grounds that point to mistakes or violations during the trial or sentencing. If you’re facing an appeal in Kansas City, Missouri, or throughout Independence, Liberty, Clay County, Blue Springs, and Jackson County, having a skilled criminal defense attorney can help you present your case effectively and protect your rights. Contact JPLaw today to get started on your case.