In the state court, once a judgment and sentence has been entered, the
appellate has 10 days to file the notice intent to appeal.
As with all appeals, all issues must be identified at the time the
initial brief is filed or they are waived.
As discussed on the Appellate Practices
section, normally no new facts are introduced in this appeal.
However, in a criminal appeal, the appellate is permitted to raise
ineffective assistance of counsel, which by its very nature allows the
appellate to raise new issues to demonstrate the issues that were
mishandled by trial counsel. (New evidence can be introduced on a
limited basis during post conviction
relief.) In this appeal, the appellate court gives deference
to factual issues determined by the trial court, but gives no deference
to the application of law to those facts.
You need a talented and skilled appellate lawyer who can review the
case, identify all of the issues that need to be reviewed on appeal, and
effectively present those issues to the appellate court.
Contact John Dunn to discuss your case.
