Criminal Appeals and Post-Conviction Relief: Fighting for Justice After Conviction

A criminal conviction doesn’t have to be the end of your legal options. California’s appellate system and post-conviction relief procedures provide opportunities to challenge wrongful convictions, correct legal errors, and secure justice even after trial. As experienced criminal appeals attorneys and post-conviction relief lawyers, we specialize in identifying and pursuing every available avenue to overturn convictions and reduce sentences.

Understanding Criminal Appeals

Direct Appeals vs. Post-Conviction Relief

Direct appeals challenge trial court errors immediately after conviction:

• Filed within 60 days of sentencing
• Challenge legal errors during trial
• Review trial court record only
• Automatic right to appeal felony convictions

Post-conviction relief addresses constitutional violations after appeals:

• Filed after direct appeal completion
• Challenge ineffective assistance of counsel
• Present new evidence of innocence
• Address constitutional violations

California Court of Appeal

Appellate courts review trial court decisions for:

Legal Error Review:

• Jury instruction errors
• Evidence admission mistakes
• Sentencing violations
• Constitutional violations

Standards of Review:

• De novo review for legal questions
• Abuse of discretion for discretionary rulings
• Substantial evidence for factual findings
• Harmless error analysis for trial mistakes

Common Grounds for Criminal Appeals

Insufficient Evidence

Insufficient evidence appeals challenge whether prosecution proved guilt beyond reasonable doubt:

Elements Analysis:

• Each element of charged offense
• Credibility of prosecution witnesses
• Circumstantial evidence sufficiency
• Alternative explanations for evidence

Appellate Standards:

• Viewing evidence in light most favorable to prosecution
• Whether reasonable jury could find guilt
• Distinguishing speculation from inference
• Substantial evidence requirement

Jury Instruction Errors

Instructional error appeals address incorrect legal guidance to jury:

Types of Instruction Errors:

• Failure to instruct on lesser included offenses
• Incorrect burden of proof instructions
• Improper reasonable doubt definitions
• Missing defense theory instructions

Prejudicial Error Analysis:

• Whether error affected verdict
• Strength of prosecution evidence
• Importance of correct instruction
• Likelihood of different outcome

Evidence Admission Errors

Evidentiary appeals challenge improper evidence rulings:

Exclusion of Defense Evidence:

• Constitutional violations
• Incorrect hearsay rulings
• Improper character evidence exclusion
• Violation of confrontation rights

Admission of Prosecution Evidence:

• Illegal search and seizure
• Hearsay violations
• Prejudicial evidence admission
• Constitutional violations

Prosecutorial Misconduct

Prosecutorial misconduct appeals address improper prosecution conduct:

Trial Misconduct:

• Improper closing argument statements
• Brady violations (withholding exculpatory evidence)
• Improper witness examination
• Inflammatory or prejudicial statements

Investigation Misconduct:

• Evidence suppression
• Witness intimidation
• Discovery violations
• Constitutional rights violations

Ineffective Assistance of Counsel

Ineffective assistance claims require showing:

Deficient Performance:

• Attorney performance below objective standard
• Specific acts or omissions identified
• Professional judgment analysis
• Strategic decision evaluation

Prejudice Requirement:

• Reasonable probability of different outcome
• Undermining confidence in verdict
• Actual prejudice to defense
• Cumulative effect of errors

Post-Conviction Relief Procedures

Habeas Corpus Petitions

Habeas corpus challenges illegal detention or imprisonment:

State Habeas Corpus:

• Filed in superior court initially
• Can proceed to appellate courts
• Address constitutional violations
• Present new evidence of innocence

Federal Habeas Corpus:

• Filed after state remedies exhausted
• Limited to federal constitutional violations
• Strict procedural requirements
• One-year filing deadline

Petition for Writ of Error Coram Nobis

Coram nobis petitions address fundamental errors:

Requirements:

• No other remedy available
• Error goes to court jurisdiction
• Defendant was without fault
• Error resulted in complete miscarriage of justice

Common Coram Nobis Claims:

• Ineffective assistance of counsel
• Lack of mental competency
• Prosecutorial misconduct
• Fundamental due process violations

Motion to Vacate Judgment

Motions to vacate under Penal Code 1473.7 address:

Immigration Consequences:

• Lack of advisement about deportation
• Ineffective assistance regarding immigration
• Newly discovered immigration consequences
• Prejudicial error in immigration advice

Mental Incompetence:

• Trial while incompetent
• Lack of competency evaluation
• Medication affecting competency
• Retrospective competency challenges

New Evidence and Actual Innocence

Newly Discovered Evidence

New evidence claims require evidence that:

• Was not available at time of trial
• Could not have been discovered with reasonable diligence
• Is material to defendant’s guilt or innocence
• Would probably change the outcome if presented

Types of New Evidence:

• DNA evidence excluding defendant
• Recantation by prosecution witnesses
• Discovery of alternative perpetrator
• New scientific evidence or methods

DNA Testing and Innocence Projects

DNA testing under Penal Code 1405 allows:

Post-Conviction DNA Testing:

• Testing of evidence not previously tested
• Advanced testing methods
• Database comparison searches
• Exculpatory result implications

Innocence Project Assistance:

• Pro bono legal representation
• Scientific expert consultation
• Investigation of wrongful convictions
• Advocacy for legislative reform

False Confession Cases

False confession appeals address:

Coercive Interrogation Techniques:

• Physical or psychological coercion
• Lengthy interrogation periods
• Deceptive interrogation tactics
• Vulnerability factors (age, mental capacity)

Supporting Evidence:

• Video recordings of interrogation
• Expert testimony on false confessions
• Corroborating evidence analysis
• Alternative suspect investigation

Sentencing Appeals and Modifications

Illegal Sentence Appeals

Sentencing error appeals challenge:

Exceeding Statutory Authority:

• Sentences beyond maximum allowed
• Improper consecutive sentencing
• Enhancement violations
• Mandatory minimum errors

Procedural Sentencing Errors:

• Failure to state reasons for sentence
• Improper aggravating factor consideration
• Victim impact statement violations
• Probation report inaccuracies

Resentencing Under New Laws

Retroactive relief under recent legislation:

Proposition 47 (2014):

• Reduction of felonies to misdemeanors
• Drug possession reclassification
• Theft threshold increases
• Eligibility requirements

Proposition 36 (Three Strikes Reform):

• Life sentence modifications
• Non-violent third strike relief
• Dangerousness hearings
• Resentencing procedures

Assembly Bill 2942 (Mental Health Diversion):

• Mental health treatment programs
• Dismissal upon completion
• Retroactive application
• Eligibility criteria

Compassionate Release

Compassionate release for terminally ill or elderly inmates:

Medical Release Criteria:

• Terminal illness diagnosis
• Physical incapacitation
• Advanced age considerations
• Public safety assessment

Elderly Parole Considerations:

• Age 50 or older
• Served continuous 20+ years
• Low recidivism risk
• Rehabilitation evidence

Federal Appeals Process

Federal Court of Appeals

Federal appellate procedure involves:

Notice of Appeal Filing:

• Filed within 14 days of judgment
• Jurisdictional requirement
• Appellate court transfer
• Record preparation

Appellate Briefing:

• Opening brief by appellant
• Response brief by government
• Optional reply brief
• Oral argument requests

Federal Post-Conviction Relief

Federal habeas corpus under 28 USC 2255:

Constitutional Violation Claims:

• Ineffective assistance of counsel
• Prosecutorial misconduct
• Judicial bias or error
• New evidence of innocence

Procedural Requirements:

• One-year statute of limitations
• Exhaustion of state remedies
• Non-successive petition rules
• Gateway showing requirements

Appeals Strategy and Preparation

Record Review and Error Identification

Appellate preparation involves comprehensive:

Trial Transcript Analysis:

• Identifying preserved objections
• Spotting unpreserved errors
• Evaluating harmless error impact
• Developing appellate arguments

Legal Research and Brief Writing:

• Case law authority compilation
• Statutory interpretation analysis
• Constitutional argument development
• Persuasive writing techniques

Oral Argument Preparation

Appellate oral argument requires:

Case Mastery:

• Complete factual knowledge
• Legal authority familiarity
• Anticipating court questions
• Conceding appropriate points

Presentation Skills:

• Clear, concise argument delivery
• Responsive question answering
• Professional courtroom demeanor
• Emphasis on strongest arguments

Why Choose Our Appeals Team

Specialized Appellate Experience

Our criminal appeals lawyers bring:

Appellate Court Expertise:

• Years of appellate practice
• Published opinion successes
• Appellate procedure mastery
• Relationship with appellate courts

Post-Conviction Relief Specialization:

• Habeas corpus experience
• New evidence investigation
• Constitutional violation identification
• Complex procedural navigation

Comprehensive Case Review

We provide thorough appellate analysis including:

Complete Record Review:

• Trial transcript examination
• Evidence evaluation
• Legal research and analysis
• Error identification and preservation

Investigation Services:

• New evidence discovery
• Witness re-interviews
• Expert consultant coordination
• Alternative theory development

Proven Appellate Success

Our track record includes:

Conviction Reversals:

• Complete case dismissals
• New trial orders
• Sentence reductions
• Constitutional violation findings

Published Decisions:

• Precedent-setting cases
• Legal standard clarifications
• Constitutional interpretations
• Criminal procedure developments

Emergency Appeals Consultation

Time limits for appeals are strict and unforgiving. If you or a loved one has been convicted of a crime, immediate consultation with experienced appeals attorneys is crucial.

Critical Deadlines:

• 60 days for California criminal appeals
• 14 days for federal criminal appeals
• One year for federal habeas corpus
• Various deadlines for post-conviction relief

We Provide:

Immediate Case Assessment:

• Free appeals consultation
• Deadline analysis
• Error identification
• Success probability evaluation

Comprehensive Appeals Services:

• Direct appeal representation
• Post-conviction relief petitions
• New evidence investigation
• Federal habeas corpus proceedings

Expert Legal Analysis:

• Trial error identification
• Constitutional violation assessment
• Ineffective assistance evaluation
• Sentencing error analysis

Call today for urgent appeals consultation – don’t let deadlines pass!

Justice delayed can become justice denied. Contact experienced appellate attorneys who know how to identify errors, develop winning arguments, and fight for your freedom in appellate courts.