Criminal Appeals and Post-Conviction Matters
People found guilty of crimes at trial have the right to appeal the judgment against them to a higher court. A successful appeal can result in a reversal of a conviction, a new trial or a new sentencing. Appeals are designed to address errors that may have occurred in the trial court either pretrial, at trial or at sentencing.
- Did the judge rule incorrectly on a pretrial motion to suppress evidence?
- Did the judge allow the jury to hear testimony or evidence which was improper?
- Did the judge improperly limit or exclude evidence that the jury should have been permitted to receive?
- Did the prosecutor make improper comments on the evidence or improper arguments in addressing the jury?
- Did the judge impose a lawful sentence?
- Was the evidence presented to the jury legally sufficient to support a finding of guilt?
If you think that there were errors in your case, you should immediately consult an attorney because there are very strict deadlines for deciding to appeal a conviction.
In addition to criminal appeals, Mr. Yates also represents people in Postconviction Matters. The Constitution guarantees that every person accused of a crime receive effective assistance of counsel. If you did not receive effective assistance of legal counsel, you may be able to attack your conviction by filing a Postconviction motion. Likewise, if new evidence is discovered after you are found guilty, you may be able to attack your conviction by filing a Postconviction motion. There are strict guidelines for the filing of Postconviction motions. You should consult an attorney immediately if you believe that you may be eligible for Postconviction relief.