Practice Area

Criminal Appeals & Post-Conviction Matters

A conviction at trial is not the end of the story. Criminal appeals, post-conviction habeas corpus, and other post-conviction remedies may be available to correct trial errors, preserve constitutional rights, or challenge the validity of your conviction.

Criminal Appeals

Preservation and appeal of trial errors, evidentiary rulings, jury instructions, and constitutional violations.

Preservation of Appellate Issues

Many appellate issues must be properly preserved at trial. We ensure critical errors are preserved for appeal.

Post-Conviction Habeas Corpus

After direct appeal is exhausted, post-conviction habeas corpus may be available for claims of ineffective assistance of counsel.

Judgments Nunc Pro Tunc

In appropriate circumstances, a court may enter a judgment nunc pro tunc correcting prior errors or omissions.

Understanding the Appeal Process

Notice of Appeal

Your appeal must be perfected by filing a notice of appeal within strict deadlines. Missing these deadlines can waive appellate rights.

Record on Appeal

The appellate court reviews the record from trial — the transcript, exhibits, and trial court's rulings. A complete record is essential to raising issues on appeal.

Issue Preservation

Issues must have been preserved at trial through appropriate objections, motions, or requests. Failure to preserve issues can waive appellate review.

Appellate Briefs & Oral Arguments

We develop thorough appellate briefs and present oral arguments before the court of appeals, advocating for reversal or modification of the conviction.

Available Post-Conviction Remedies

Ineffective assistance of counsel claims
Brady violations and prosecutorial misconduct
Lost or destroyed evidence
Newly discovered evidence
Incomplete jury verdict forms
Timing issues in arrest to indictment
Sentencing errors
Compliance with statutory requirements

Ineffective Assistance of Counsel

If your trial attorney failed to provide constitutionally adequate representation, you may have grounds for relief under the Sixth Amendment. This requires showing:

  • 1. Deficient performance — counsel's representation fell below an objective standard of reasonableness
  • 2. Prejudice — but for counsel's deficient performance, the outcome would have been different

Important Appeal Considerations

Strict Deadlines

Appellate deadlines are mandatory and rarely subject to extension. Missing a filing deadline can result in permanent loss of appeal rights. We carefully track all deadlines and ensure timely filing.

Issue Preservation

Many appellate issues must be preserved at trial. After conviction, opportunities to create issues may be lost. Trial counsel's failure to preserve issues can waive appellate review.

Standard of Review

Different issues are reviewed under different standards on appeal — de novo, clearly erroneous, or abuse of discretion. The applicable standard affects the likelihood of success on appeal.

Limited Appellate Remedies

The appellate court can reverse and remand, reverse and render not guilty, modify punishment, or affirm. Reversal on some issues may result in remand for new trial or resentencing rather than absolute exoneration.

Explore Your Appeal Options

If you have been convicted and believe trial errors occurred or post-conviction remedies are available, contact Taylor Defense Firm. We can evaluate your case and discuss your appellate options.

Schedule a Consultation