The attorneys at Morgan Pilate LLC focus on appealing the convictions of selected clients whose rights they believe have been violated. Below is information regarding the appellate process.
What rights does a person convicted of a felony have?
A person convicted of a felony has a constitutional right to a direct appeal and a right, conferred by rule, to pursue post-conviction relief.
What is the difference between an appeal and a post-conviction action?
Simply put, a direct appeal allows a person to challenge errors committed by the trial court, while a state post-conviction action allows a person to seek relief from errors committed by trial and appellate counsel. A direct appeal involves filing a notice of appeal, compilation of the record on appeal, briefing, and oral argument before an appellate court. Post-conviction actions, which primarily involve claims of ineffective assistance of counsel, are litigated before the trial court. Post-conviction proceedings, unlike direct appeals, permit the introduction of new evidence that was not presented at trial. Post-conviction actions often require additional investigation of the alleged offenses and investigation of potential witnesses, including experts.
What is a motion for rehearing?
A motion for rehearing attacks material matters of fact or law overlooked or misinterpreted by the appellate court.
What is an application for transfer?
An application for transfer may be ordered because of the general interest or importance of an issue involved in the case or for the purpose of reexamining existing law.
What is the purpose of a writ of prohibition?
The purpose of a writ of prohibition is to ask an appellate court to prohibit a trial court from making a particular ruling. A writ of prohibition requires immediate application to an appellate court while the case continues to proceed before the trial court.
What is a petition for certiorari?
A petition for certiorari seeks review of a judgment entered in any case, criminal or civil, by a state court of last resort or by a United States court of appeals. Petitions for certiorari address conflicting opinions on important questions of federal law between the United States Courts of Appeals, between a United States Court of Appeals and a state court of last resort, or between a state or federal court and the United States Supreme Court. A petition for certiorari also addresses situations in which a state court or a United States Court of Appeals has decided an important question of federal law that has not been, but should be settled by the United States Supreme Court.
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