Law Office of Eugene C. Hollander Indianapolis Criminal Lawyer
ehollander@eugenehollander.comCRIMINAL LAW
CIVIL LAW
Appellate Law in Indiana
Sometimes, in spite of the best efforts of everyone involved, people are convicted of crimes. Almost everyone who is convicted of a crime in Indiana has the right to some type of an appeal. From the fact that our prisons are overflowing with people, it is obvious that not every appeal is granted by our Appellate Courts. On the other hand, unless you exercise your appellate rights, and appeal your conviction, you are giving up one of your few opportunities to request that your conviction be set aside, and/or your sentence modified.
During the 39 years that I have been a criminal defense attorney, I have written and prepared over 200 criminal appeals which have been submitted to, and decided by the Indiana Supreme Court, and the Indiana Court of Appeals.
If the appellate court denies the appeal, no relief is granted.
If the appellate court grants an appeal, one of the following results may occur:
- An appeal may result in having the conviction(s) vacated, and a new trial ordered;
- If the evidence is found to be insufficient to support the conviction, the conviction may be vacated, and the Appellant/Defendant Ordered released.
- If the sentence is found to be inappropriate, or excessive, the sentence may be modified, or sent back to the trial court for a new sentencing hearing.
Guilty Pleas
When a person agrees to a plea agreement with the prosecutor, and enters a guilty plea in court, they waive their right to a direct appeal arguing that they are not factually guilty of the crime because they just admitted their guilt. If the written terms of the plea agreement specify that if the trial judge accepts the terms of the plea agreement, that a specific sentence will be imposed, then, there is no right to appeal the sentence because it was agreed to in the plea agreement.
However, if you enter a plea of guilty to a crime, and the sentence is left to the trial Judge’s discretion, you have the right to appeal and argue that the sentence which the Judge gave you was excessive, improper, and not supported by the evidence.
Trials
If a person is convicted of a crime, (whether it is a misdemeanor, or felony), after a trial to the Court (bench trial), or from a jury trial, they have a right to file a written appeal to the Indiana Court of Appeals requesting that their conviction(s) be set aside, and/or that their sentences be vacated or modified.
- To initiate the appellate process, within thirty (30) days after sentencing, a written notice of appeal must be filed with the trial court.
- The written notice of appeal puts the court reported on notice that the trial proceedings (record) must be transcribed and filed with the county clerk’s office within ninety (90) days.
- When notice is filed by the court reporter that the record of proceedings has been completed, the appeals attorney then has thirty (30) days to obtain the record, read it, consult with the person who was convicted, and draft the appellant’s brief.
- After the appellants brief is filed, the office of the Indiana Attorney General has thirty (30) days to file its response to the issues raised and argued in the appellant’s brief.
- The appellant (the person who was convicted), then has fifteen (15) days to respond to the arguments made by the Attorney General’s Office and file his appellee’s brief.
- Once the appellee’s brief has been filed, the appeal is submitted to the Court of Appeals for a decision.
- Typically, the appellate process takes from nine (9) months to one (1) year to complete from the date that a person is senten
