When an individual faces a criminal conviction, the legal battle is far from over. The process of appealing a criminal conviction is complex and demanding, requiring careful consideration of several key elements. 1. Grounds for appeal The foundation of any criminal...
Appeals
Can I appeal my parental rights termination?
Having your child was likely life changing, and losing your kids was equally as impactful. And, if your parental rights were terminated in Maryland, you likely want to know whether you can appeal that decision. Generally, the answer is yes, but you must do so within...
The Right to Fair and Impartial Judges on Appeal: Belton
Last week, the Supreme Court of Maryland issued the much-anticipated decision concerning appellate impartiality in Belton v. State, No. 8, September Term 2022. Who knew that, when this case was appealed to the Appellate Court of Maryland on a single, straightforward...
Boundless at the Trial Level, Toothless on Appeal: Maryland’s Law on Sentencing.
A few weeks ago, our Editor-in-Chief, Steve Klepper, wrote a piece entitled “Mental Illness and Maryland’s Toothless Review of Criminal Sentences” regarding the unreported decision, Robbins v. State. In Robbins (Nazarian, J.), the Court lamented, in dicta, about the...
How does the federal appeals process work?
Most of the time, when a defendant loses a federal criminal case, that person can appeal the decision to the Federal Court of Appeals. Cases then proceed through the appeals process until the court reaches a final decision. How does the federal appeals process work?...
When does a conflict of interest justify an appeal?
For you to count on a fair legal system, judges, jurors and lawyers must be able to handle their duties without undue bias. If any of these participants have a personal stake in your case that could call their objectivity into question, their service might be an...
DNA evidence is not perfect
DNA evidence changed how criminal prosecution works. However, it is not infallible and might lead to false convictions. According to the Innocence Project, both the District of Columbia and Maryland allow for post-conviction DNA testing for crimes of violence. Even if...
What to know in regard to appealing a conviction
If you are facing a criminal conviction, and you think that there was an error during your original trial, you have a right to appeal the decision. Because a conviction results in a major change of life circumstances, it may be worth examining the options for appeal....
The importance of issue preservation for an appeal
Getting a guilty verdict in a criminal trial is a grim moment for a defendant. Nonetheless, the verdict does not necessarily doom a defendant to serving a sentence. To ensure justice, convicted defendants in Maryland and the District of Columbia have the right to...
Can I appeal my case in DC?
Appealing a criminal conviction is not an automatic right. Many people do not understand how appeals work and that your case must qualify. According to the District of Columbia Courts, you do have the right to request an appeal in any situation. However, the court...
