Appeals in Criminal Cases: When and How to Challenge a Conviction
In Tennessee, the criminal justice system is designed to be fair, protect constitutional rights, and uphold justice. When an individual is convicted of a crime, whether they're guilty or not, there are legal mechanisms in place to challenge a conviction.
This process, known as an "appeal," allows a defendant to seek a review of their case by a higher court. The goal of an appeal isn't to retry the case but to examine whether legal errors occurred that could have affected the outcome of the trial.
The Law Offices of Fisher Wise will explore when and how to challenge a criminal conviction in Tennessee, detailing the appeals process, grounds for appeal, and steps involved.
Understanding Criminal Appeals
An appeal is a request made to a higher court, asking it to review the decision made by a lower court. In criminal cases, an appeal typically involves challenging a conviction, a sentence, or certain decisions made during the trial.
Criminal appeals are based on the argument that errors were made in the trial process, whether in the application of the law or the handling of evidence and procedures. An appeal isn't a new trial; and, it doesn't involve the presentation of new evidence or witness testimony. Instead, it focuses on whether the trial court made mistakes that warrant overturning or modifying the conviction or sentence.
The appellate courts in Tennessee are divided into two primary levels: the Tennessee Court of Criminal Appeals and the Tennessee Supreme Court.
Tennessee Court of Criminal Appeals – This is the first level of appeal for most criminal cases. It's an intermediate appellate court that reviews decisions made by lower trial courts.
Tennessee Supreme Court – If a defendant is dissatisfied with the decision of the Court of Criminal Appeals, they may seek discretionary review by the Tennessee Supreme Court. However, the state’s highest court only hears cases that have significant legal implications or that present an important question of law.
Grounds for Appeal in Tennessee
An appeal in a criminal case can be based on a variety of grounds, such as legal errors, improper jury instructions, ineffective assistance of counsel, and insufficient evidence.
Below are some of the most common grounds for appeal:
Errors in Jury Instructions
One of the most common grounds for appeal is that the trial court gave improper or confusing instructions to the jury. In a criminal case, the jury must be properly instructed on the law that applies to the case, including the elements of the crime charged and the burden of proof.
If the jury isn't given proper instructions, or if they're given instructions that misstate the law, this can be a basis for appeal.
Insufficient Evidence
A defendant may appeal a conviction on the grounds that the evidence presented at trial was insufficient to support the verdict.
Under Tennessee law, a conviction will be overturned only if the appellate court finds that no reasonable jury could have reached the verdict based on the evidence presented. This is a high standard, and it's often difficult to prevail on appeal using this ground alone.
Ineffective Assistance of Counsel
The Sixth Amendment to the U.S. Constitution guarantees the right to effective assistance of counsel in criminal cases. If a defendant can show that their previous trial attorney’s performance was so deficient that it deprived them of a fair trial, they may have grounds for appeal.
Examples of ineffective assistance might include failing to present key evidence, making critical errors in the legal strategy, or not raising important legal issues during the trial.
Improper Admission or Exclusion of Evidence
Another common ground for appeal is the improper admission or exclusion of evidence. This can include the admission of unlawfully obtained evidence (e.g., evidence obtained through an illegal search or seizure) or the exclusion of evidence that was relevant and favorable to the defense.
If the trial court made a significant error in how it handled evidence, it may provide a basis for an appeal.
Prosecutorial Misconduct
If the prosecution engaged in misconduct during the trial, such as presenting false evidence, making improper arguments, or withholding exculpatory evidence, this could be grounds for appeal. Prosecutorial misconduct undermines the fairness of the trial and can result in the conviction being overturned.
Improper Sentencing
In Tennessee, if a defendant is sentenced improperly or if the sentence exceeds the statutory maximum for the crime, they may appeal the sentence. Sentencing errors may also occur if a trial court fails to consider relevant factors during sentencing or misapplies sentencing guidelines.
Constitutional Violations
A defendant may appeal their conviction on the basis that their constitutional rights were violated during the trial. Examples include violations of the right to remain silent, the right to counsel, the right to a fair trial, and the right to confront witnesses. If a constitutional violation can be demonstrated, it may result in the conviction being overturned or the sentence being reduced.
The Appeals Process in Tennessee
The appeals process in Tennessee is a structured, multi-step procedure. Below is an overview of the typical steps involved in appealing a criminal conviction in Tennessee.
Step 1: Filing a Notice of Appeal
The first step in the appeals process is to file a "Notice of Appeal." This document notifies the court and the opposing party that the defendant intends to challenge the conviction.
In Tennessee, a defendant has 30 days from the date of sentencing to file a Notice of Appeal. Failure to file within this time frame may result in the forfeiture of the right to appeal, though in some cases, the court may grant an extension.
Step 2: Preparing the Record on Appeal
After the Notice of Appeal is filed, the next step is to prepare the "record on appeal," which includes the official court transcripts, exhibits, and other documents from the trial that are relevant to the appeal.
The record on appeal is crucial, as the appellate court will review this material to determine if there were any errors during the trial that could have affected the outcome.
Step 3: Filing an Appellate Brief
The defendant (or their appellate attorney) must then file a legal document known as an appellate brief. This brief outlines the legal arguments for why the conviction should be overturned. The brief typically includes:
A statement of the case
A summary of the facts
A discussion of the legal issues raised on appeal
Citations to relevant legal authorities (such as statutes, cases, and legal principles)
The prosecution will also file a response brief, defending the trial court's decision. The appellate court will then review both briefs and the record on appeal.
Step 4: Oral Argument (Optional)
In many cases, the appellate court will allow both parties to present oral arguments. This is an opportunity for the attorneys to highlight the most important points of their written briefs and respond to questions from the appellate judges.
Oral argument isn't always granted, especially in cases where the issues are clear from the briefs and record.
Step 5: The Appellate Court's Decision
Once the appellate court has reviewed the record, briefs, and any oral arguments, it will issue a written decision. The court may:
Affirm the conviction – If the appellate court finds no legal errors, the conviction stands.
Reverse the conviction – If the court determines that a legal error was made that likely affected the outcome, the conviction may be overturned.
Remand the case – In some cases, the appellate court may send the case back to the trial court for further proceedings, such as a new trial or resentencing.
The appellate court's decision is final unless the defendant seeks review by the Tennessee Supreme Court.
Step 6: Seeking Review by the Tennessee Supreme Court
If the defendant is dissatisfied with the decision of the Court of Criminal Appeals, they may seek review by the Tennessee Supreme Court. However, the Tennessee Supreme Court has discretionary jurisdiction, meaning it doesn't automatically hear all appeals.
The defendant must file a petition for permission to appeal and convince the Supreme Court that the case involves a significant legal issue that warrants its attention.
Speak with a knowledgeable criminal defense attorney to get strong legal representation.
Post-Conviction Relief: A Separate Remedy
In addition to the appeal process, Tennessee law provides a post-conviction relief option for defendants who have already exhausted their appeals.
A post-conviction petition allows a defendant to challenge their conviction on grounds such as ineffective assistance of counsel or newly discovered evidence. Post-conviction relief is typically filed in the trial court and can lead to a new trial or other relief.
Challenging a criminal conviction in Tennessee through an appeal is an essential right afforded to individuals within the state's legal system. Whether based on errors made during the trial process, insufficient evidence, or violations of constitutional rights, the appeals process offers a mechanism for correcting mistakes and helping make sure that justice is served.
However, the appeals process can be complicated and time-sensitive, requiring a clear understanding of both the legal grounds for appeal and the procedural steps involved. Given the intricacy of the appellate process, defendants should seek experienced legal counsel to guide them through the process and maximize their chances of success.
Contact a Lawyer Today
The Law Offices of Fisher Wise serves clients throughout Chattanooga, Tennessee as well as Red Bank, East Ridge, Soddy-Daisy, Hamilton County, Bradley County, Marion County, Sequatchie County, and the surrounding areas. For more information about the appeals process in criminal cases, contact me, Attorney Fisher Wise, today.