Federal Criminal Appeals

Appealing a federal criminal case requires a comprehensive understanding of federal law, appellate procedure, and the legal grounds on which an appeal can be made. A lawyer seeking to effectively appeal a federal criminal conviction must focus on identifying legal errors during the trial or sentencing, preparing a persuasive appellate brief, and presenting strong oral arguments before the appellate court.

How We Successfully Tackle the Federal Criminal Appeals Process

1. Understanding the Grounds for Appeal

• Appeals in federal criminal cases are typically based on errors made during the trial or sentencing, and the appellant (defendant) must show that these errors affected the fairness of the proceedings or the outcome of the case:some text
  • Legal errors during the trial, such as improper jury instructions, the admission of inadmissible evidence, or errors in evidentiary rulings.
  • Constitutional violations, such as violations of the defendant's rights under the Fourth Amendment (search and seizure), Fifth Amendment (right to remain silent, due process), or Sixth Amendment (right to counsel, right to a fair trial).
  • Ineffective assistance of counsel: If the defendant's trial lawyer failed to provide competent representation, such as by failing to investigate key aspects of the case or failing to object to legal errors.
  • Prosecutorial misconduct: If the prosecution made improper statements or engaged in unethical behavior that undermined the defendant's right to a fair trial.
  • Improper jury conduct: If there was jury misconduct (e.g., bias, external influence) that impacted the fairness of the trial.
  • Errors in sentencing: If the sentencing judge made errors in applying the U.S. Sentencing Guidelines or imposed an unreasonable sentence.
  • Insufficient evidence: If the jury’s verdict was not supported by sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt.

2. Filing a Notice of Appeal

• Timely filing of the Notice of Appeal is crucial. In federal criminal cases, the defendant must file the Notice of Appeal within 14 days of the judgment or sentencing (or within 14 days of a decision on a post-conviction motion if applicable).
• The Notice of Appeal must be filed with the district court where the trial took place. This is a formal step that informs the court and the opposing party of the intention to appeal the conviction or sentence.

3. Ensuring Preservation of Issues for Appeal

• In order to appeal an issue, the defense attorney must have preserved the issue during the trial. This means making appropriate objections to preserve the legal error for appellate review.
• If an issue was not raised during the trial, it may be considered waived unless the error falls under a narrow exception, such as plain error (an error that is so severe that it undermines the fairness of the trial even if it wasn't objected to during the trial).
• Raise constitutional claims promptly: If the issue involves constitutional rights (e.g., unlawful search and seizure, ineffective assistance of counsel), it should be raised early and clearly to avoid forfeiture.

4. Reviewing the Trial Record

• The defense lawyer must obtain and thoroughly review the trial record, which includes:some text
  • Transcripts of trial proceedings (including opening statements, witness testimony, closing arguments, and the court’s rulings).
  • Exhibits presented at trial (physical evidence, documents, etc.).
  • Pre-trial motions (e.g., motions to suppress evidence, motions to dismiss charges).
  • Sentencing hearing transcripts (if the appeal involves sentencing).
• The goal is to identify errors in the proceedings that could provide the basis for the appeal.

5. Researching and Developing Legal Arguments

• The lawyer will research relevant case law and legal precedents that support the argument that the trial court made a legal error. This includes studying prior decisions from the U.S. Courts of Appeals (especially the circuit in which the case was decided) and from the U.S. Supreme Court.
• Legal theories that might support the appeal include:some text
  • A misapplication of the law (e.g., incorrect jury instructions).
  • Misuse of discretion by the judge (e.g., improper admission of evidence).
  • Violations of constitutional rights (e.g., denial of the right to a fair trial, violations of due process).

6. Preparing and Submitting the Appellate Brief

• After reviewing the trial record and identifying legal issues, the next step is to prepare an appellate brief.some text
  • The appellate brief is a written document that sets out the defendant’s arguments, providing detailed legal reasoning and citing relevant statutes, case law, and rules of procedure.
  • Key components of the brief:some text
    • Introduction: A concise summary of the case and the legal issues on appeal.
    • Statement of Facts: A neutral summary of the case, avoiding unnecessary detail but highlighting facts relevant to the appeal.
    • Legal Argument: The heart of the appeal, detailing the legal errors that occurred during the trial or sentencing and showing how these errors impacted the defendant's rights or the outcome of the case.
    • Conclusion: A clear statement of the relief sought, such as a reversal of the conviction, a new trial, or a reduced sentence.
• The prosecution will file an answering brief in response, defending the trial court's decision and arguing against the appeal.

• After receiving the prosecution’s answering brief, the defense lawyer may file a reply brief to respond to any arguments made by the prosecution. The reply brief should address any new arguments or issues raised in the prosecution’s brief.

7. Preparing for Oral Argument

• Many federal appellate courts schedule oral arguments in cases where the parties have filed briefs. The appellate lawyers for both the defendant and the prosecution will have the opportunity to present their arguments to a panel of judges and answer questions posed by the judges.
• During oral argument:some text
  • The defense attorney will emphasize key issues from the brief and respond to the judges' questions.
  • It is important to be prepared to discuss any aspect of the case that the judges might focus on, and to effectively handle tough questions that could test the strength of the appeal.
• Oral arguments are often limited in time (e.g., 15-30 minutes per side), so lawyers must be concise, focused, and clear in their presentation.

8. Considering Further Appeals or Post-Conviction Relief

• If the appeal is unsuccessful, the defendant may still seek post-conviction relief. This can include:some text
  • Filing a petition for rehearing with the same appellate court, asking for the panel to reconsider its decision.
  • Seeking review by the U.S. Supreme Court: If the case raises significant legal or constitutional issues, the defendant may request that the U.S. Supreme Court grant certiorari (a review of the case).
  • Post-conviction motions in the trial court, such as a motion to vacate the judgment or habeas corpus petition.

Recent Cases from The Law Offices of Jason Goldman

Our office has been engaged to handle numerous federal appellate matters. To that end, the Law Offices of Jason Goldman maintains an of-counsel relationship with a number of highly-regarded trial firms who routinely involve our office for federal appellate work following a trial conviction.

Contact The Law Offices of Jason Goldman

The Law Offices of Jason Goldman stands equipped to draft, file, and argue complex federal appeals. If you have been convicted of a federal crime, whether by a plea or trial, it is worthwhile to have a capable appellate counsel to explore all options to overturn a conviction or lessen a sentence through post-conviction appeals work. Contact The Law Offices of Jason Goldman today.