Appealing a criminal conviction in Oklahoma involves challenging aspects of the trial or sentencing. These are things that you believe were legally flawed. While an appeal is not a retrial, it serves as a review of the proceedings to ensure that the law was applied correctly. Understanding what you can and cannot appeal, the examples of criminal appeals, and the limitations involved is crucial for anyone navigating this complex process. This article will delve into the nuance and complications you can run into when appealing a criminal case.
Examples of Appealing a Criminal Conviction
There are a handful of instances where an appeal would be necessary. The following are a few of those reasons:
- Insufficient Evidence: If you believe the evidence presented at trial was not enough to support a conviction, you can appeal on the grounds of insufficient evidence. The appellate court will review whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. However, this does not mean you can submit new evidence, only question the sufficiency of current evidence.
- Procedural Errors: Appeals can happen if there were significant procedural errors during the criminal trial. This means things such as improper jury instructions, erroneous admission or exclusion of evidence, or misconduct by the prosecution or jury.
- Ineffective Assistance of Counsel: If you believe that your defense attorney’s performance was so deficient that it deprived you of your Sixth Amendment right to a fair trial, you can appeal on these grounds. You must properly demonstrate that your counsel’s performance was deficient and that this deficiency prejudiced the defense against you.
- Sentencing Errors: Appeals can also focus on errors in the sentencing phase. For example, misapplication of sentencing guidelines, illegal sentences, or improper consideration of aggravating or mitigating factors.
- Constitutional Violations: Any violation of constitutional rights during the trial can constitute an appeal. Examples such as unlawful search and seizure, denial of the right to a speedy trial, or violation of the right to remain silent, can be grounds for an appeal.
When considering an appeal, you will need to think about the evidence you have and its credibility. A proper legal counsel is the only way to make sure your evidence is enough to file an appeal.
Limitations to Appealing Criminal Conviction
While appealing a conviction is a right, there are limitations. Additionally, there are specific procedures that must be followed. A few examples are as follows:
- Time Limits: In Oklahoma, you generally have 30 days from the date of sentencing to file a notice of appeal. Missing this deadline can forfeit your right to appeal. The exception to this are capital crimes where you have 6 months from the date of judgment and sentencing to file an appeal.
- Issues Raised at Trial: Typically, you can only appeal issues that were raised during the trial. If your attorney did not object to a particular error at trial, you might not be able to raise it on appeal unless it constitutes a “plain error.”
- Harmless Errors: Not all errors will result in a reversal of the conviction. The appellate court will consider whether the error had a substantial influence on the outcome. If the error is deemed “harmless,” the conviction may be upheld despite the mistake. An example of this is the misspelling of a name in the court filings.
- Factual vs. Legal Issues: Appeals are limited to legal issues rather than factual disputes. The appellate court will not review the credibility of witnesses or re-weigh the evidence from the trial.
It’s important to know what you need to do when appealing a criminal conviction. A criminal defense attorney with appellate court experience is the best person to draft your appeal. They will know specifically what to look for when reviewing if there was a violation of your rights.
What You Can’t Appeal
There are a few instances of things you can’t appeal in a criminal case. For instance, you cannot appeal just because you disagree with the jury’s decision or because the outcome was unfavorable. Appeals must be due to specific legal or procedural errors. Further, the appellate courts do not consider new evidence. You must present new evidence through a motion for a new trial at the trial court level. Trivial or harmless errors that did not affect the trial’s outcome are also not grounds for an appeal. If you are seeking an appeal based on any of these things, the court will not grant it. If you believe there is new evidence, it would be better to try your luck at a new trial rather than an appeal.
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Tulsa County Criminal Appeals Attorneys
Understanding the nuances when appealing a criminal conviction in Oklahoma is essential for mounting an effective appeal. While there are various grounds for appeal, such as legal errors, procedural mistakes, and constitutional violations, the process is bound by strict rules and limitations. Consulting with an experienced attorney is crucial to navigating this complex legal landscape and ensuring that your appeal is properly presented and argued. Our attorneys here at Tulsa Criminal Lawyers are knowledgeable of the appeals process and can help you. For a free and confidential consultation call us today at 918-416-0358, or reach us online via our Contact Page.