Appeal vs. Post-Conviction Relief: Which Option Applies to Your Shreveport Case

A conviction isn’t necessarily the end of your criminal case. If your conviction was unjust, you may be able to challenge your conviction by filing either an appeal or a petition for post-conviction relief. Appeals and petitions for post-conviction relief differ in several important ways, and if you need to challenge your conviction, it is critical that you promptly choose the correct path forward. Learn more from experienced Shreveport criminal appeals attorney Lee Harville:

Appeals vs. Petitions for Post-Conviction Relief: An Overview

What is the difference between an appeal and a petition for post-conviction relief? While there are several important differences, the most significant concerns the timing of when each can be filed.

Appeals are used to raise issues with the legal or procedural aspects of criminal trials. If there was an issue with your trial that is contained in the record, you may have grounds to file an appeal. Generally speaking, however, the issue must be significant enough that it impacted the outcome of your case. If there was an issue, but it did not impact the outcome of your case, it may be classified as a “harmless error,” and in this scenario, you would not be able to pursue a successful appeal in state or federal court.

Petitions for post-conviction relief seek to raise issues that do not appear in the trial record. While a standard comparable to the “harmless error” standard generally applies, petitions for post-conviction relief can involve issues that aren’t (or weren’t) eligible for appeal. In some cases, these issues may be evident immediately. In others, they might not become apparent until months or even years down the line.

When to File an Appeal

So, when can (and should) you file an appeal? Every case is unique, and whether you have grounds to appeal the outcome of your criminal case will depend on the specific circumstances involved. With this in mind, some examples of potential grounds to file an appeal include:

• Abuse of the court’s discretion
• Factual or legal errors
• Improperly admitting the prosecution’s evidence
• Improperly excluding the defendant’s evidence
• Jury bias
• Misconduct by individual jurors or witnesses
• Misinterpretation or misapplication of the law
• Procedural errors
• Sentencing errors
• Violations of your constitutional rights

A key aspect of criminal appeals is that issues generally need to be “preserved” for appeal. If your trial lawyer did not preserve issues on the record, you might not be able to file an appeal—even if you would otherwise have grounds to do so. In this scenario, instead of filing an appeal, you may need to evaluate the possibility of filing a petition for post-conviction relief based on ineffective assistance of counsel.

Strict deadlines apply to criminal appeals at the federal and state levels. In Louisiana, you generally have 30 days after your sentence is imposed to initiate an appeal in state court, while federal criminal appeals are subject to a 14-day (after your written judgment is filed) initial filing deadline in most cases.

When to File a Petition for Post-Conviction Relief

Now, what about a petition for post-conviction relief? Here, too, whether you have grounds to file a petition for post-conviction relief depends on the specific circumstances of your case. With this in mind, some examples of potential grounds to file a petition for post-conviction relief include:

• Newly discovered errors
• Newly discovered evidence
• Other newly discovered issues (i.e., juror bias or witness credibility issues)
• Ineffective assistance of counsel
• Prosecutorial misconduct

While some petitions for post-conviction relief are subject to strict deadlines, it won’t always be possible to discover an issue that warrants a petition before these deadlines expire. In these cases (i.e., those involving newly discovered evidence), convicted individuals may be able to file a petition upon learning they have grounds to do so, if certain very specific conditions are met.

What to Expect Once You File

Let’s say you have grounds to file an appeal or petition for post-conviction relief, and let’s say you hire an experienced attorney to prepare and submit your filing on your behalf. What can you expect as your case moves forward? Here are some key insights:

• Appeals and post-conviction proceedings are very different from criminal trials. The process of pursuing an appeal or a petition for post-conviction relief is very different from the process of defending against the government’s case at trial. As a result, it is critical to hire an attorney who has specific (and significant) experience at this stage of the process.
• The process will take time. Speaking of the process, it will take time. Appeals and post-conviction proceedings can both take several months, and you should not be surprised if the process takes a year or longer.
• You will need to rely heavily on your attorney’s experience and capabilities. Due to the unique and complex nature of appeals and post-conviction proceedings, it will be important for you to be able to rely on your attorney for advice and representation. An experienced attorney will be able to provide insightful advice and handle your case with confidence.  
• A favorable result could have a variety of different consequences. If your appeal or petition for post-conviction relief is successful, the consequences will depend on several factors. While it is possible that your conviction could be reversed without further proceedings, it is also possible that your case could be put back on the court’s docket for another trial.
• An unfavorable result isn’t necessarily the end of your case. If you lose your appeal or petition for post-conviction relief, this still isn’t necessarily the end of your case. There are multiple levels of criminal appeals in the state and federal systems, and you may have grounds to challenge the court’s dismissal of your petition for post-conviction relief as well.

Discuss Your Case with Shreveport Criminal Appeals Attorney Lee Harville

Do you need to know more about your options for challenging your conviction in state or federal court in Louisiana? If so, Shreveport criminal appeals attorney Lee Harville can help. Call 318-222-1700 or tell us how we can reach you online to schedule a confidential consultation at The Harville Law Firm, LLC.