Why Most Criminal Appeals Fail—and How Successful Appeals Are Built

If you have been unjustly convicted or sentenced in Louisiana, filing a successful appeal could be the difference between securing the outcome you deserve and facing a lifetime of unwarranted consequences. As with a trial, there are no guarantees on appeal. However, there are steps you can take to help maximize your chances of success, and this starts with hiring an experienced Shreveport criminal appeals attorney to represent you.

When you hire an experienced Shreveport criminal appeals attorney to represent you, your attorney will explain the appellate process in detail. Your attorney will also assess your grounds for filing an appeal, and then your attorney will help you make informed and strategic decisions about your next steps.

5 Common Reasons Why Criminal Appeals Fail

To make informed and strategic decisions about your appeal, you need to have a clear understanding of why most criminal appeals fail. Here are five of the most common reasons why state and federal appeals are unsuccessful:

1. Waiting Too Long to File

If you wait too long to file, your appeal will be over before it begins. Strict deadlines apply, and if you miss the deadline to file your appeal, you very likely won’t get a second chance (though you may still be able to pursue a petition for post-conviction relief). Different deadlines apply in state and federal cases, so you need to make sure you know the applicable deadline based on where your case was tried.

2. Failing to Overcome the “Harmless Error” Threshold

Not all mistakes during the trial process warrant reversal of a conviction or sentence. For example, if a mistake amounted to a “harmless error” under the circumstances, the mistake will not serve as the basis for a successful appeal. Failure to effectively demonstrate that a mistake amounted to more than a “harmless error” is a common reason for convictions and sentences to be upheld on appeal.

3. Failing to Focus on the Applicable Standard of Review

Appellate courts apply different standards of review in different circumstances. When filing an appeal, it is critical to focus on the relevant standard of review for the issue being raised. For example, in federal cases, the following standards generally apply:

• De Novo – Federal appellate courts review questions of law “de novo,” meaning that they do not give any deference to the trial court’s holdings.
• Clear Error – For issues of fact, the federal appellate courts focus on whether the trial court’s decision was “clearly erroneous.”
• Plain Error – For any issues that were not preserved during trial, the federal appellate courts assess whether the trial court made a “plain error” resulting in an unjust outcome.
• Abuse of Discretion – For procedural and certain other types of issues that fall within a trial judge’s discretion, the federal appellate standard of review is “abuse of discretion.”
• Reasonableness – When reviewing trial judges’ sentencing decisions, the federal appellate courts focus on whether the sentence was reasonable in light of the trial judge’s discretionary authority.

Failing to understand the distinctions among different standards of review and focusing on the wrong standard are both common reasons for unsuccessful appeals.

4. Focusing on the Facts Instead of the Law

While criminal appeals can focus on a trial judge’s or a jury’s findings of fact in appropriate cases, an appeal is normally not simply a retrial of the underlying facts. Instead, appeals typically focus on how the law applies (or should be applied) under the circumstances at hand. Focusing exclusively on the facts instead of the law is a common reason for unsuccessful appeals as well.

5. Choosing to File Pro Se

Due to the complexity of the criminal appeals process—and the critical importance of securing a favorable outcome if you have been wrongfully convicted or sentenced—we strongly recommend against trying to handle your appeal on your own. While individuals convicted of state and federal crimes have the right to handle their appeals pro se, choosing to file an appeal without legal representation often proves to be a very costly mistake.

5 Tips for Building a Successful Criminal Appeal

With these considerations in mind, what steps can you take to help maximize your chances of success? Here are five tips for building a successful criminal appeal:

1. Start the Process Right Away

If you need to appeal the outcome of your criminal case, the sooner you can get started, the better. Along with making sure you meet the deadline to file, you will also want to give yourself and your attorney as much time as possible to build your appeal.

2. Take Detailed Notes

To start the process, you should take detailed notes. What grounds do you believe you have to file an appeal? Did your defense attorney preserve any grounds for appeal during your trial? These are important pieces of information your criminal appeals attorney will want to know.  

3. Schedule an Initial Consultation to Discuss Your Appeal

As we said above, working with an experienced criminal appeals attorney is important for several reasons. You will want to find an attorney with specific experience representing clients on appeal, and schedule an initial consultation as soon as possible.

4. Work with Your Appellate Counsel to Assess All Possible Grounds for Appeal

As you move forward, you should be prepared to work with your appellate counsel to assess all possible grounds for appeal. While your attorney will review the trial record in detail, your attorney will be relying on you to provide certain information as well.

5. Rely on Your Appellate Counsel’s Representation Throughout the Process

Likewise, as your appeal progresses, you should rely on your appellate counsel’s representation throughout the process. While building a successful appeal requires significant time and effort, trusting your attorney to assert your rights on your behalf will ultimately give you the best chance of success.

Discuss Your Case with Shreveport Criminal Appeals Attorney Lee Harville in Confidence

If you need to speak with an attorney about challenging the outcome of your criminal case in state or federal court, we encourage you to contact us promptly. Call 318-222-1700 or contact us online to speak with Shreveport criminal appeals attorney Lee Harville as soon as possible.