To successfully appeal a criminal conviction, you must convince the appellate court that the defendant did not receive a fair trial. Your case may be remanded if the court believes a procedural rule was violated, sentencing guidelines were incorrectly followed, or new exculpatory evidence exists that should be heard. In each case, a compelling appellate brief must be prepared in order to convince the court that the trial court committed an error.
At Blumberg & Associates, our lawyers have represented numerous clients at the state and federal levels in criminal appeals. Our attorneys understand how to prepare convincing appellate briefs that speak directly to issues the court will find compelling. If you believe you or a family member did not receive a fair trial, contact the Phoenix criminal appeals attorneys at the office of Blumberg & Associates today to schedule an appointment and discuss your case.
CRIMINAL CASES AND APPEALS
The law office of Blumberg & Associates prepares and presents appeals for clients in regard to the following kinds of criminal convictions:
Felony drug possession
Sexual assault / rape
GROUNDS FOR AN APPEAL IN CRIMINAL CONVICTIONS
A verdict of “guilty” does not constitute grounds for an appeal. There must be identifiable points of law or violations of due process that indicate the accused did not receive a fair trial. In general, the following kinds of issues constitute grounds for an appeal:
Procedural issues: Failure on the part of a judge to follow proper procedures. This might involve mistakenly excluding (or including) evidence, providing the wrong instructions to the jury, or mishandling witness testimony. Additionally, failure to comply with the rules of discovery may also constitute grounds for an appeal.
Evidence: How evidence is shared and presented at trial may also constitute grounds for an appeal. When a judge misapplies the hearsay rules, allows prejudicial testimony to be heard that should have been excluded, or denies the defense the right to introduce exculpatory evidence, the fairness of the trial can be called into question.
Application of principles of law: During trial, a judge may be required to apply principles of law in ruling whether a statute applies, whether someone is competent to testify, or whether or not a constitutional principle has been violated. Misapplication of a principle of law can also be a grounds for appeal.