QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
What are “standards of review,” and why do they matter?
Appellate court deference to a trial court’s decision is defined by the standard of review, which indicates the likelihood of an issue being successful on appeal. De novo review involves no deference, with the appellate court substituting its own judgment…
What can be appealed?
It’s important to note that factual disputes, such as determining who is credible or the true meaning of a witness’s statement, are rarely grounds for overturning a decision. Additionally, many arguments must have been preserved during the trial through timely…
What is a criminal appeal, and how is it different from a new trial?
An appeal is a legal review to determine whether the trial court made legal errors that affected the outcome of a criminal case by a court of higher jurisdiction. Appellate courts do not determine matters related to credibility, no new…
What if I lose my appeal—are there other options?
If your direct appeal concludes, several avenues may still be open. You might pursue a rehearing or discretionary review by a higher court, though strict deadlines apply. Beyond direct review, post-conviction remedies offer further options. These include a Motion for…
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Frequently Asked Questions About Post Conviction Litigation
What relief can I get through post-conviction?
The type of relief available depends on the specific violation and the court involved. Common outcomes include: Vacatur: Counts may be vacated if there is insufficient or unlawful proof. New Trial: A new trial can be granted for fundamental errors…
Can I raise ineffective assistance of counsel?
Ineffective assistance of counsel claims are frequently raised in post-conviction proceedings because the supporting evidence often lies outside the trial record, encompassing what counsel knew, investigated, or advised. To succeed, these claims must satisfy a two-part test: Deficient Performance: Counsel’s…
How expensive is post-conviction work, and why?
Post-conviction litigation at Blau | Hynson is a resource-intensive process, and we are highly selective in the cases we accept to ensure each receives dedicated attention. Clients should anticipate costs for transcripts, record assembly, investigation, expert consultations/testing, and substantial briefing.…
I lost my appeal—can post-conviction still help me?
Differences Between Direct Appeals and Post-Conviction Relief Direct appeals focus on legal errors evident in the trial record. Post-conviction proceedings, however, address claims that go beyond the trial record. These may include: Ineffective assistance of counsel Newly discovered evidence Undisclosed…
What counts as “newly discovered evidence”?
For evidence to be considered “new” in a legal context, it generally needs to meet specific criteria: it must not have been available at the original trial despite diligent effort, it must be material (not merely repetitive), and it must…
What documents do you need to evaluate my post-conviction request?
To expedite and ensure the accuracy of your post-conviction assessment, please provide a comprehensive file including the following: Core Case Documents: Judgment Indictment Plea transcript (if applicable) Trial transcripts Written motions and orders Jury instructions Exhibits Sentencing materials Appellate Documents…
