Appeals Attorney helps you appeal convictions in Kansas or Missouri

Following a conviction, you have further recourse with the help of criminal defense attorney Christopher Angles. Our next step is to file an appeal to the appeals court in Kansas or Missouri.

You need an appeals attorney who can argue your case in front of the appellate court because a successful appeal can mean an acquittal, the suppression of evidence, a reduction in sentence or other penalties, or the granting of a new trial.

Appeals are limited to the "record" in the case as it occurred in the trial court, and (usually) no new evidence is presented in the appeal. Additionally, appellate rules of procedure are a minefield designed to limit and discourage appeals. Thus, a successful appeal requires the expertise, patience, and experience of a appeals attorney with experience and skill.

Christopher Angles has experience representing clients during the criminal appeals process in Kansas and Missouri.

Definition of an Appeal — An appeal is a request to a higher court to review a decision made in a court below.

What issues can the Court of Appeals hear?

The Courts of Appeal decide questions of law, such as whether the trial court judge applied the law correctly in a case. The Courts of Appeal do not hear testimony or retry cases. An appeal from a trial court is decided based on the transcript from the underlying case.

Common appellate issues are: claims of inadmissibility of evidence, incorrect application of a law, improper jury instructions, and insufficient evidence.

The Appeals Process

The appeals process varies by jurisdiction. What follows is a general overview of the process.

An appeal begins with the filing of a notice of appeal. The party bringing the appeal is called the appellant. The responding party is the appellee. The appellant usually orders the transcript. All parties are notified once the record on appeal has been filed with the Court of Appeal.

From the date the record was filed, the appellant has a specified period of time within which to file an appellant's opening brief, depending on the type of case. A "brief" is a written argument that an attorney prepares for the court. It details the issues raised by the appellant, including challenges to superior court rulings or findings, and refers to applicable statutes (laws) and previous case decisions to support their position. The appellee is then given an opportunity to file a brief in response. Finally, the appellant may file a reply brief.

After the panel of justices has heard oral argument, a member of the panel prepares and files an opinion, which is a written statement of the court's decision.

What is a Writ?

The word "writ" traces its roots to English common law. In Old English, writ means a letter, often written by an attorney. Writ was the name for an action in the courts.

In most modern American jurisdictions, a "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court.

What's the difference between a writ and an appeal?

Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal.

Writ of Habeas Corpus

Defendants who want to challenge the legality of their imprisonment—or the conditions in which they are being imprisoned—may seek help from a court by filing an application for what is known as a "writ of habeas corpus.

A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. Many state constitutions provide for writs of habeas corpus, as does the United States Constitution that specifically forbids the government from suspending writ proceedings except in extraordinary times—such as war. Known as "the Great Writ," habeas corpus gives citizens the power to get help from courts to keep government and any other institutions that may imprison people in check. In many countries, police and military personnel, for example, may take people and lock them up for months—even years—without charging them, and those imprisoned have no avenue, no legal channel, by which to protest or challenge the imprisonment. The writ of habeas corpus gives jailed suspects the right to ask an appellate judge to set them free or order an end to improper jail conditions, and thereby ensures that people in this country will not be held for long times in prison in violation of their rights. Of course, the right to ask for relief is not the same as the right to get relief; courts are very stingy with their writs.

Potential Post-conviction Remedies

As discussed in this article, convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. The following list illustrates these steps. A defendant who loses at one may go on to the next step, all the way down the list (up the legal chain) in a process that can take many years—especially for serious felonies such as death penalty cases.

This list is merely an illustration of possible post-conviction proceedings—some of which may only be used in certain cases. Also, defendants usually must first have unsuccessfully sought relief through the available state remedies before they will be allowed to seek relief in federal courts. For these reasons and because of the complexities of these proceedings and what is at stake (liberty or life), defendants should consult counsel to determine which remedies are available to them.

Motion for Acquittal

A request that the judge decide that there is not enough evidence to convict the defendant. Depending on whether the trial is before a judge or jury and depending on court rules, this motion may be made either after the prosecution presents its evidence or after all the evidence is presented.

Motion for a New Trial

Request that trial judge declare a mistrial and grant a new trial.

Appeal to State Appellate Court

Contends that trial judge made some legal error.

Petition for Rehearing to State Appeals Court

Requests that appeals court judges change their own decision.

State Supreme Court Appeal

Requests that highest court in the state review and overturn the decision of the mid-level appeals court.

U.S. Supreme Court Appeal

Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.

State Court Habeas Corpus Petitions

Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.

Federal Habeas Corpus Petition to District Court

Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.

Appeal of Federal Habeas Corpus Petition to Circuit Court

Requests the mid-level federal court to review the federal trial court's decision denying the writ.

Appeal of Federal Habeas Corpus Petition to U.S. Supreme Court

Requests the highest court in the land to review the mid-level federal court's decision denying the writ.

"A successful appeal can mean an acquittal, the suppression of evidence, a reduction in sentence or other penalties, or the granting of a new trial."