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Practice Areas

Appeals & Post-Conviction

An adverse verdict or sentence is not always the end. Appeals and post-conviction proceedings ask a higher court to review what happened - focusing on legal errors, the trial record, and, in some cases, new evidence or constitutional violations.

How appeals work

An appeal is a review of the trial-court record for legal error; it is not a new trial. There are firm deadlines to file, and the appellate court generally considers only what is in the record. Identifying the strongest issues and presenting them clearly is the core of appellate work.

  • Direct appeal of a conviction or sentence
  • Strict filing deadlines after judgment
  • Review focused on the existing record
  • Briefing and, where granted, oral argument

Post-conviction relief

Beyond the direct appeal, post-conviction remedies - such as habeas corpus - can raise issues outside the trial record, including ineffective assistance of counsel, newly discovered evidence, or constitutional violations. These proceedings follow their own rules and deadlines in state and federal court.

Federal and state appeals

Federal appeals proceed to the U.S. Courts of Appeals and can address Guidelines and sentencing errors as well as trial issues. California appeals proceed through the state appellate courts. Each system has distinct procedures that shape strategy.

Prior results and recognitions do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.

Answers

Frequently asked questions

General information about appeals & post-conviction. It is not legal advice. Every case turns on its own facts.

Is an appeal a new trial?
No. An appeal reviews the existing record for legal error rather than re-trying the facts. New evidence is generally raised through post-conviction proceedings instead.
How long do I have to appeal?
Deadlines are short and strict, differing between state and federal court. Acting promptly after judgment is essential to preserve the right to appeal.
What is habeas corpus?
It is a post-conviction remedy that can raise issues outside the trial record, such as ineffective assistance or constitutional violations, subject to specific rules and deadlines.
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Facing a federal investigation or serious charges?

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