Filing A Direct Appeal
In Indiana, a defendant may have the right to file an appeal. An appeal seeks review of certain rulings made by the trial court that may have affected the verdict. Those looking to appeal should do so under advisement of an experienced criminal defense attorney.
Taking An Appeal To A Higher Court
When filing an appeal, a defendant must follow a precise process that takes a claim through a hierarchy of courts. Direct appeals must be filed in the Indiana Court of Appeals. If a defendant's appeal is denied, they may file a Petition to Transfer, which seeks review by the Indiana Supreme Court, the highest court in the state.
Petition To Transfer
To contest a denial of a direct appeal, a defendant may file a Petition to Transfer, which asks for, but does not guarantee, a second review by the Indiana Supreme Court. Petitions to Transfer are only allowed in certain circumstances and may be accompanied by a brief in response to the petition.
Petition For Post-Conviction Relief
A Petition for Post-Conviction Relief is the final step in the appeals process to seek relief from the courts. There are two types of claims that can be made in a PCR petition:
- Ineffective counsel
- New evidence
Conducting an investigation of potential PCR claims, filing a petition and appearing at an evidentiary hearing require the specialized knowledge of an experienced attorney. An attorney can give you the best chance to be successful. They know what to look for in courtroom transcripts and trial briefings to help support your case.
Contact Our Firm
If you would like to file an appeal because of a criminal conviction, contact Kammen & Moudy today. Our Indianapolis law firm has more than 50 years of combined legal experience handling a variety of criminal cases as well as appeals. Call 317-759-7814 or send us an email to schedule a free initial consultation. We pride ourselves in responding quickly to all communications.