APPEALS

 

Every person convicted of a crime in Indiana has the right to appeal. If you were found guilty at trial, you can appeal the conviction and the sentence. If you were convicted based upon a guilty plea, you have the right to appeal the sentence.

 

The Indiana Court of Appeals is not like a trial court. It does not see or hear witnesses. There is no jury. The Court of Appeals only reviews the trial court record. In many cases there is no court date – everything is done on paper. If there is a court hearing, it will only involve legal argument.

 

There are several different bases for an appeal. That you were not happy with the result in the trial court is not a valid basis; there must be a legal reason for bringing the appeal. Common grounds for an appeal include: admission of improper evidence, erroneous jury instructions, denial of motion to suppress evidence, insufficient evidence, and procedural errors.

 

The appeals process usually takes several months. You will have to begin serving the sentence while the appeal is pending.

 

It is very important to assert your appellate rights in a timely manner. Generally, you must file a notice of appeal within thirty (30) days after the date of sentencing. If you are late, you may lose your right to appeal.