When convicted of a felony in Mississippi, the legal process doesn’t necessarily end with sentencing. If you believe there was an error during your trial or sentencing, you have the right to appeal the conviction. This post provides an overview of the felony appeal process in Mississippi, so you can better understand your options and the steps involved.
What Is an Appeal?
An appeal is a request for a higher court to review the decision of a lower court. It is not a retrial but rather an examination of the trial court’s legal proceedings to ensure they were fair and followed the law, or whether errors were made during the trial that impacted the outcome. The appellate court examines the trial court record, legal arguments, and relevant caselaw to decide whether the conviction should be upheld or overturned.
Mississippi Appellate Courts
- Mississippi Supreme Court: All cases appealed from circuit court are sent directly to the Mississippi Supreme Court. The supreme court retains some cases—including all death penalty cases and cases involving novel legal issues—but sends many to the state’s second highest court, the Mississippi Court of Appeals.
- Mississippi Court of Appeals: A majority of criminal appeals are considered by the Court of Appeals.
Grounds for Appeal
Some common grounds for appeal include:
- Improper admission or exclusion of evidence
- Incorrect jury instructions
- Insufficient evidence
- Judicial errors in applying the law
- Prosecutorial misconduct
- Sentencing errors
Keep in mind that most of these arguments are only available if you take your case to trial. If you plead guilty, you give up your right to appeal the conviction.
Steps in the Felony Appeal Process
- Notice of Appeal
The first step is filing a Notice of Appeal within 30 days after the judgment of conviction or sentence in the trial court. This document informs the court and the prosecution of your intention to seek appellate review. Failure to meet this deadline can result in the loss of your right to appeal, except in extraordinary circumstances. - Record Preparation
The trial court’s official record, including transcripts, evidence, and motions, is prepared and sent to the clerk of the appellate court. This record is extremely important, as it forms the basis of the appeal. Your attorney will rely on this record to set forth legal arguments. - Briefing
After thoroughly reviewing the trial court record and conducting extensive legal research, your attorney prepares and files a brief with the appellate court. This document outlines the legal errors made during your trial and argues why the conviction or sentence should be overturned or modified. The State then responds with its own brief defending the trial court’s decision. Your attorney gets the last word, though, as the appellant has an opportunity to file a reply brief in response to the State’s arguments. - Oral Argument
Oral argument is an additional—and often highly effective—way to make your case to the appellate court. During oral arguments, attorneys for both sides have the opportunity to clarify their positions and answer questions from the judges. Oral arguments are not guaranteed in every case but may be requested. The appellate court will determine whether oral argument is necessary to resolve the particular issues presented. - Decision
After reviewing the briefs, the trial record, and oral arguments (if held), the appellate court will issue a written decision. It may affirm the conviction, reverse it, remand the case for a new trial, or modify the sentence. The appellate court aims to issue a decision within 270 days of the filing of the final brief.
What to Bear in Mind
- The appeal process is long. In fact, most appeals take at least a year—sometimes several years, depending on the circumstances—from the time of conviction at trial to the issuance of a final decision on appeal.
- The appellant will most likely be incarcerated during the appeal process. Although you have the right to request release pending appeal of most convictions, it is rarely granted.
- Very few convictions are reversed on appeal. However, that does not mean your case is not worth fighting. After all, trial judges are human. They make mistakes. If one or more of those errors affected the outcome of your case, you may have a real shot at reversal.
- Appeals are complex. Navigating the appeals process requires a deep understanding of legal principles and appellate procedures. Working with experienced appellate attorneys like those at the Eichelberger Law Firm ensures that your rights are protected and your case is presented effectively.
Contact the Eichelberger Law Firm
If you or a loved one is facing a felony conviction, don’t go through it alone. Contact us today for a consultation to discuss your case and explore your options.