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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.

  1. Did the judge rule incorrectly on a pretrial motion to suppress evidence?
  2. Did the judge allow the jury to hear testimony or evidence which was improper?
  3. Did the judge improperly limit or exclude evidence that the jury should have been permitted to receive?
  4. Did the prosecutor make improper comments on the evidence or improper arguments in addressing the jury?
  5. Did the judge impose a lawful sentence?
  6. 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.