Criminal Appeals

What Is a Criminal Appeal?

A criminal appeal is a legal process where someone who has been convicted of a crime asks a higher court to review his or her case. Many lawyers (both trial and appellate) use an appeal to "re-litigate" the trial.

That is usually a one-way ticket to losing.

With some exceptions, the general purpose of an appeal is to identify errors that happened during trial (and rulings on motions during pretrial) for the appellate court and persuade it the error(s) affected the outcome through a misapplication of law.

Caruço Law practices in both Florida and federal appellate courts.

Florida and Federal Appellate Structure

Florida Appeals
- Trial Court: This is where the original case is heard. If you believe there was an error in your trial, you can appeal to a higher court.
- District Court of Appeal: In Florida, most criminal appeals go to one of six District Courts of Appeal. This court reviews the trial court's decisions to see if there were reversible legal mistakes.
- Florida Supreme Court: If the case involves important legal questions or if there are conflicting decisions in the District Courts of Appeal, it may go to the Florida Supreme Court.
Federal Appeals
- District Court: In the federal system, the trial happens in a U.S. District Court. If there’s an appeal, it goes to a higher court.
- U.S. Court of Appeals: The next step is the U.S. Court of Appeals. Appeals from the District Courts in Florida go to the U.S. Court of Appeals for the Eleventh Circuit. This court reviews the district court’s decisions for reversible errors.
- Supreme Court of the United States: The final level of appeal is the Supreme Court of the United States. However, the Supreme Court only hears a small number of cases each year, usually those with significant legal questions.

Some Issues That Can Be Raised on Appeal

Legal Errors: Mistakes made by the trial judge, such as incorrect jury instructions or improper admission of evidence.
Insufficient Evidence: Arguing that the evidence presented at trial was not enough to legally support a guilty verdict.
Ineffective Assistance of Counsel: Claiming that the defense lawyer’s performance was so poor that it affected the outcome of the case.
Prosecutorial Misconduct: Instances where the prosecutor acted improperly, such as by withholding evidence.

Important Deadlines

Florida: You generally have 30 days from the date of your conviction or sentence to file a notice of appeal.
Federal: In federal cases, you also typically have 30 days to file an appeal, but this can vary depending on the case.

Timing is critical. While you don't need to file the full brief in the relevant window, you don't want to wait until after trial to think about an appeal.

Post-Conviction Relief and Extraordinary Writs

If your appeal is unsuccessful, you still have options:

Post-Conviction Relief (Florida Rule 3.850 Motion)
- What It Is: This allows you to challenge your conviction based on new evidence, ineffective assistance of counsel, or other issues that weren’t raised on appeal.
- Deadline: Generally, you have two years from the date your conviction becomes final to file this motion.
Extraordinary Writs: These are special legal remedies, such as habeas corpus, that can be used to challenge unlawful detention or other serious legal issues when regular appeals are not available.

Litigation Support

An experienced litigator understands the importance of preserving error for a potential appeal.

Understanding the various appellate review standards, appellate procedure, and "how the paper moves" in appellate courts is a unique skill requiring specialized experience.

Experience Matters

As a former federal appellate law clerk with experience representing over 40 clients before military and civilian appellate courts, I also apply my combination of experience to assisting litigators identify legal issues at trial, preserve errors at trial for a potential appeal, and protect favorable issues from potential attack on appeal.

If you or someone you know is considering an appeal, it’s crucial to act quickly and seek experienced legal representation.