Common Grounds For Appeals In Missouri
Are you interested in seeking an appeal of a criminal conviction? There are specific grounds for doing so in Missouri. It is important to understand what types of cases can be appealed, and talking to an attorney is perhaps the most efficient way to do that.
At Sindel Noble, we represent clients seeking appeals in the St. Louis area. If you’re not sure how to get started on your appeal, contact us today.
Some Common Grounds For Appeals In Missouri
Ineffective assistance of counsel — A common reason for appeal is the argument that the trial or appellate trial failed to provide the best possible defense for his/her client. For obvious reasons, when such claims are made, the defendant will be represented by a new attorney. To make a successful case for ineffective assistance of counsel, the new attorney must demonstrate that the original attorney’s performance was inadequate, AND that the attorney’s inadequacy affected the outcome of the case.
Discovery of new evidence — Another common reason for filing an appeal is the argument that in the original trial, essential evidence was overlooked, was unavailable or was not discovered until after the trial. For example, in a case where a defendant is found guilty of murder, but it is later discovered that DNA tests proved the defendant’s innocence, a new trial is warranted. In most cases, when the evidence is discovered, developed and properly presented the conviction is reversed and the case is dismissed. In other words, the person is freed from imprisonment and the stigma that attaches to a criminal conviction.
Prosecutorial misconduct — In a prosecutorial misconduct appeal, the petitioner argues that the prosecution and/or the police acted illegally or unfairly during the original trial. This may include allowing the admission of false testimony, intentional omission of possibly exonerating evidence or other intentional miscarriages of justice. The designation of prosecutorial misconduct can be successfully pursued even if the acts were unintentional or not known to the individual who actually prosecutes the case. Over the past few decades, thousands of verdicts have been altered or overturned due to prosecutorial misconduct.
There are additional grounds for appeals. Please talk to one our firm’s attorneys to find out if your case is likely to succeed at appeal.
After a verdict is reached in a trial, the losing side has at least 10 chances to appeal the verdict or decision in the state and federal courts. Appeals are brought before a higher court in an attempt to challenge the validity of the decisions made by the trial court or a lower appellate court. The right to appeal is of great value. Frequently, the effective presentation of the appeal can correct the harsh consequences of an unfair trial. It is important for the appellate lawyer to properly identify the issues and errors in the trial, and present a persuasive written and oral argument to convince the appellate court that the conviction should be set aside.
Experienced appellate attorney: Richard Sindel has filed successful appeals for several clients who were found guilty of criminal charges. Sindel is licensed to practice in state courts throughout Missouri and Illinois and in federal courts across the U.S. Sindel has earned a national reputation for his appellate work and has helped to free multiple innocent clients from prison. He also works closely with the Innocence Project, a group that provides funding for evidence discovery (such as DNA) and experts to assist prisoners with appeals based on claims of innocence.
Contact Us Today: We Have Successfully Appealed Many Criminal Cases.
Because a defendant’s options are limited and time-sensitive, it is essential that your appellate attorney makes a thorough examination of every detail of your original case. Failure to do so could deprive a defendant of perhaps the only realistic means to reverse your guilty verdict. When making this important decision, turn to someone who knows the system inside and out, who has the knowledge, intelligence, authority and reputation to help you out of a seemingly impossible situation.