What Is The Process Of Appealing A Homicide Conviction?

The process of appealing a homicide conviction involves challenging the legal decisions made during the trial. If the defendant believes that errors were made during their trial, whether related to the evidence presented, jury instructions, or the conduct of their attorney, they can appeal the conviction. The appellate court reviews the trial record and legal arguments to determine whether the conviction should stand or if a new trial or sentence modification is necessary.

Steps in the Appeals Process

Filing a Notice of Appeal:

The first step in appealing a homicide conviction is to file a Notice of Appeal with the court that convicted the defendant. This notice must be filed within a specific time frame after the conviction, usually 30 to 60 days, depending on the jurisdiction. The notice informs the court and the prosecution that the defendant is challenging the conviction.

Appellate Brief Preparation:

After the notice of appeal is filed, the defendant (or their attorney) prepares an appellate brief. This brief outlines the legal arguments for why the conviction should be overturned or modified. Common reasons for appeal include:

• Legal Errors: Mistakes made during the trial, such as improper jury instructions or erroneous rulings on evidence.
• Ineffective Assistance of Counsel: The defense attorney’s performance was so poor that it affected the outcome of the trial.
• New Evidence: Evidence that was not available at trial but could have changed the outcome of the case.
• Violations of Constitutional Rights: For example, a violation of the defendant's right to a fair trial, right to due process, or right to remain silent.

The Appellate Court's Review:

The appellate court does not conduct a new trial or hear new testimony. Instead, it reviews the trial court record, which includes transcripts, evidence, and motions made during the trial. The appellate court focuses on:

• Legal Precedents: The court compares the case to similar prior rulings to determine if the law was applied correctly.
• Error Evaluation: The court evaluates whether any errors made in the trial were significant enough to have affected the outcome of the case.

Oral Arguments:

In some cases, both the defense and prosecution may present oral arguments to the appellate court. During these arguments, the lawyers briefly present their case, answering questions from the judges. Oral arguments give the court an opportunity to clarify issues raised in the written briefs.

Appellate Court's Decision:

After reviewing the briefs and hearing oral arguments (if applicable), the appellate court will issue a decision. Possible outcomes include:

• Affirming the Conviction: The appellate court finds no significant errors and upholds the original conviction.
• Reversing the Conviction: The appellate court finds significant legal errors or violations, leading to a reversal of the conviction. This may result in a new trial, a dismissal of charges, or a reduced sentence.
• Sending the Case Back for a New Trial: If the appellate court finds that the trial was flawed but does not believe the conviction should be overturned entirely, it may order a new trial with corrected procedures.
• Reducing the Sentence: In some cases, the court may decide that the conviction is valid but that the sentence imposed was too harsh, and they may reduce it.

Post-Conviction Relief:

If the appeal is unsuccessful, the defendant may seek post-conviction relief. This can include filing for a writ of habeas corpus, which challenges the legality of the detention, or pursuing further legal action based on new evidence or other grounds not previously raised.

Seeking Review by a Higher Court:

If the appellate court affirms the conviction and the defendant still believes there was a miscarriage of justice, they may seek further review by a higher appellate court, such as the state supreme court or the federal courts (if applicable). However, higher courts are selective about the cases they hear.

Legal Actions and Protections

Ineffective Assistance of Counsel:

If a defendant believes their attorney did not perform adequately during the trial (e.g., failing to present critical evidence or making legal errors), they can argue that their conviction should be overturned due to ineffective assistance of counsel.

Newly Discovered Evidence:

If significant evidence is discovered after the trial that could exonerate the defendant or change the outcome, this may provide grounds for an appeal or a new trial.

Constitutional Violations:

Violations such as unlawful searches, coerced confessions, or improper jury selection can form the basis of an appeal.

Example

Imagine a defendant is convicted of second-degree murder after a trial where their defense attorney failed to introduce alibi evidence that could have proven they were elsewhere at the time of the crime. The defendant files an appeal on the grounds of ineffective assistance of counsel. Upon reviewing the case, the appellate court agrees that the failure to present the alibi evidence was a serious error and that it could have changed the outcome of the trial. As a result, the appellate court orders a new trial.