If you are facing a criminal conviction and you learn that the court dismissed your appeal, the news can feel devastating. You may have hoped the appellate court would correct what you believe went wrong at the initial trial.
Generally, an appellate court’s decision is final and often brings the case to a close unless a narrow exception applies, such as when a higher court agrees to review the decision. While appellate courts do not retry a case or consider new evidence, it is important to know what options you may still have to help you make better decisions on your next steps.
Petitioning for rehearing
You can ask the same appellate court to review its decision again. In Maryland, this is done through a motion for reconsideration under Maryland Rule on appellate procedures. In rare situations, you may request a rehearing “en banc,” meaning a larger panel of judges from that court reviews the case.
Requesting review by a higher court
In the federal system, you may file a petition for writ of certiorari requesting the Supreme Court of the United States to hear your case. The Court generally agrees to hear a case only when it presents an uncommon but significant legal concept or when federal appellate courts have issued different interpretations of the same law.
In Maryland, after an appellate decision, you may file a petition for writ of certiorari with the Supreme Court of Maryland under the state’s appellate court rules.
Seeking post-conviction relief
Separate from a direct appeal, Maryland law allows a convicted person to file a post-conviction petition in the circuit court where the conviction occurred. You may seek relief if you claim the judgment or sentence violated the U.S. Constitution or Maryland Post-Conviction Procedure Act, the court lacked jurisdiction, the sentence exceeded the legal maximum, or the sentence is otherwise subject to collateral attack.
When an appellate decision is usually the final word
In most cases, an appellate court’s decision concludes the case unless the court sends it back to the trial court for further action or a higher court agrees to revisit it. While additional review is possible, it is not automatic and is granted only in limited circumstances. Each option comes with strict timelines and rules.
If the appellate court dismissed your appeal, now is the time to review your next steps carefully. The more you understand your options on criminal appeal, the more prepared you are to make informed decisions on what comes next.