Home » Kansas Criminal Defense Process » Kansas Criminal Appeal Attorneys

Experienced Appellate Advocates

Whether you need to challenge a wrongful conviction or an unlawful sentence, Joseph, Hollander & Craft offers comprehensive, strategic counsel at every step. After decades of litigating criminal appeals, our Kansas criminal appeals attorneys are skilled at spotting the critical issues that can change the outcome of a case. Just as importantly, we know how to present those issues to the appellate courts. We craft persuasive appellate briefs and present oral arguments tailored to the appellate panel’s interests in and inquiries about the case.

The Process of Appealing a Criminal Case​

Notice. An appeal is initiated by filing a document called a “Notice of Appeal.” The document must be filed within 14 days after the final judgment is entered. The notice tells the prosecution and the district court what the defendant intends to appeal, although it may be drafted to be broad enough to encompass all adverse rulings entered in the case (including pre-trial rulings, such a denials of a defendant’s motion to dismiss or suppress evidence).

Docketing. Before an appeal officially begins, it must be docketed in the appropriate appellate court. Your attorney will file a docketing statement, which is a document that provides information about the case, such as the parties involved, the order(s) appealed from, issues being considered for appeal, and any related cases. In addition, certain records from the district court case and other documents will have to be filed in the appellate court in accordance with the applicable rules of appellate procedure in order to “perfect the appeal.”

Record. The appealing party is responsible for designating the record on appeal. This requires identifying which filings from the district court must be transferred to the appellate court for consideration (such as significant motions or jury instructions); ordering transcripts of hearings that are essential to the appellate court’s evaluation of the appeal (such as trial or a suppression hearing); and ensuring all necessary exhibits (from trial or pretrial hearings) are included for review. Failure to adequately designate a record for the appellate court to consider can result in waiving appeal issues for failure to support them with evidence or failure to demonstrate that the issues were properly preserved for review.

Briefing. Once the appellate record has been started and the transcripts you have ordered are complete, a clock will start to run for your deadline to submit an appeal brief. In the appeal brief, your attorney sets out in writing why your conviction or sentence should not be upheld. The brief will contain citations to the record to demonstrate the facts at issue and citations to the statutes, case law, and other legal authorities to demonstrate the legal basis for your appeal arguments. The prosecution gets to file a response brief, and you may file a reply.

Oral Argument. Your appeal may be scheduled for oral argument. At an oral argument, attorneys for both parties to the appeal appear before a panel of three judges from the court of appeals or the full supreme court (depending on which court is hearing the appeal) to emphasize their positions and answer questions about the facts of the case and their legal arguments. The court may decide that oral argument would not assist in deciding the issues on appeal and issue a notice stating that the case will be decided solely based on the written briefs.

Decision. After the appellate court has reviewed the parties’ briefs and considered oral arguments (if any), it will issue a written decision. The decision will be tailored to the issues appealed and remedies requested. It should give a detailed account of why the court decided to affirm, reverse, or vacate the decision of the district court.

Petition for review. A decision issued by the Kansas Court of Appeals is subject to further review by the Kansas Supreme Court. A decision issued by the Tenth Circuit Court of Appeals is subject to further review by the United States Supreme Court. However, each court has discretion to grant or deny this review. A petition may be filed requesting that the higher court take the case. If that petition is granted, the process essentially starts over. The parties submit more briefing and offer arguments to the higher court, which will then issue a written decision.

Mandate. Once a final decision is made and there is no possibility of further review, the appellate court will issue a mandate informing the district court of the outcome of the appeal.

When Can I Appeal a Criminal Case?

You must wait for a final order to appeal your criminal case. That means a sentence must have been imposed. You can appeal from rulings entered before your sentencing hearing (denial of a motion to dismiss or motion to suppress, for example), but you have to wait until the end of your case to bring those issues to the appellate court.

How Is the Appeal Process Different from the Trial Process?

Appellate courts serve a different function than district courts (sometimes referred to as trial courts).

At the district court level, parties present evidence for consideration by a fact-finder (either a jury or a judge). The fact finder considers the evidence to determine what happened, then makes a decision about whether the facts are sufficient to prove beyond a reasonable doubt that the defendant committed the crime as it is defined by the law (a verdict). At the district court level, judges also make legal rulings, such as what evidence is properly considered and what sentence must be imposed on a defendant who has been found guilty.

Appellate courts do not receive any new evidence. They review transcripts of testimony presented in the district court and examine exhibits admitted in the district court to evaluate the verdict and legal rulings made by the district court judge. Appellate courts make decisions based solely on the record created in the district court.

In addition, appellate courts are dedicated to ensuring the law was applied correctly by lower courts and to correcting any legal errors that may have occurred. They will not reweigh facts or make judgments about the credibility of any particular witness. And they generally only consider claims of error that have been preserved–meaning the district court had an opportunity to consider the issue in the first instance.

Grounds for a Criminal Appeal in Kansas

There are several types of legal questions that may be raised on appeal. Joseph, Hollander & Craft’s appellate attorneys in Kansas litigate criminal appeals involving:

• Constitutional questions,
• Suppression issues,
• Jury instruction issues,
• Sentencing errors,
• Insufficient evidence,
• Improper admission or exclusion of evidence, and
• Interpretation and application of statutes and case law.

We have the experience and acumen to manage whatever your criminal appeal entails.

Is My Case Eligible for Appeal?

A Notice of Appeal can be filed in any criminal case, but there are limitations to what aspects of a criminal case will be reviewed by an appellate court. For example, limitations may apply if:

• Your case involved a plea.
  • As a practical matter, a conviction entered on the basis of a defendant’s guilty plea (i.e., admission of guilt) cannot be challenged unless you expressly reserve the right to appeal certain issues.
  • In addition, most plea agreements contain appeal waivers in which the defendant agrees to not appeal the conviction or the sentence imposed in exchange for a benefit conferred as part of the plea agreement (such as dropped charges, a reduced offense level, or a recommended sentence). Appellate courts uphold these waivers under principles of contract law.
  • Lastly, Kansas appellate courts are prohibited from reviewing any sentence resulting from an agreement between the state and the defendant which the sentencing court approves on the record. If your plea agreement includes a sentencing agreement and that sentence is imposed, you cannot appeal the sentence.
• You received a guideline sentence.
  • A sentence within the presumptive guideline for the crime cannot be appealed.
  • However, receipt of a guideline sentence does not preclude a defendant other issues that may have affected the sentence, such as the propriety of the criminal history score or the constitutionality of the sentencing scheme.

Handling Appeals in State and Federal Courts

Joseph, Hollander & Craft’s criminal appellate attorneys in Kansas regularly represent clients before the Kansas Supreme Court, Kansas Court of Appeals, and United States Courts of Appeals for the Tenth Circuits. We appeal from cases involving:

• White-collar crimes
• Drug crimes
• Sex crimes, including charges of child pornography
• Violent crimes
• DUI

No matter the type of criminal charges involved, our appellate attorneys will position your case for an optimal result on appeal.

Always Prepared for Appeals

In the district courts throughout Kansas, our criminal defense attorneys prepare each case for the long haul. Because the law restricts what higher courts can consider on appeal, we identify and preserve potential appellate issues at trial and sentencing so our clients have multiple options for success. By setting the groundwork in the trial court, we have your case prepared for the next level in the event the jury or the judge makes an error at trial or sentencing.

The law provides a limited time to file your appeal, so do not delay. Call Joseph, Hollander & Craft’s Kansas appellate attorneys today.

Questions About Criminal Appeals in Kansas

How is the appellate stage of a case different from the trial court stage?

In a trial court, evidence is presented that establishes the facts of the case. For example, witnesses testify and documents, videos, and objects are offered, admitted, and considered. Then a jury or a judge decides who is guilty or not guilty based on instructions regarding the law.

In an appellate court, no evidence is presented and no jury is involved. At the appellate stage, judges review the evidence admitted in the trial court, the procedures undertaken, and the law that was applied to determine whether the proceedings were fair and proper under the law.

Whereas only one judge presides over a trial, multiple judges review a case on appeal. Unlike jury verdicts, appellate rulings do not need to be unanimous. The majority vote wins.

How do I win an appeal?

You cannot win an appeal without a winning issue. That means your case must have an error that, if corrected, would require reversal of your conviction or sentence. Even the very best appeals attorneys cannot ensure you have a winning appeal issue. That depends on the facts and law applicable to your case.

What the best appellate lawyers do is: (1) identify winning issues (when they exist); and (2) present them to the appellate court clearly and persuasively. Joseph, Hollander & Craft’s appeals lawyers have decades of experience doing both, and that’s how we set up our clients’ appeals for success.

What can I appeal?

You can appeal from the final judgment against you (your conviction and sentence) as well as any decision or order entered during the case. Before briefing the issues to the court, you and your attorney will refine the precise rulings and orders that made a difference in the outcome of your case. Your appellate attorney should devote your appeal arguments to addressing why those rulings or orders were wrong and what the appellate court should do to fix it.

What happens if I win my appeal?

Winning means something different in each appeal and depends on the issues raised. For example:

• If you win a challenge to the admission of certain evidence against you, your conviction may be reversed and the case returned to the district court to be set for a new trial where that evidence is excluded. If the evidence is essential to the prosecution’s case, the prosecution may elect to dismiss charges rather than proceed to trial. If there is still evidence to make a case for trial, you can try the case again or negotiate a plea agreement.
• If you win a challenge to the sufficiency of the evidence supporting your guilt, your conviction will be reversed and you cannot be tried again for the offense.
• If you win a challenge to the procedures used at your sentencing hearing, your case will be returned to the district court judge to redo the sentencing hearing with proper procedures.

I had a different defense attorney. Can I hire you for the appeal?

Potentially. Joseph, Hollander & Craft takes over cases defended by other attorneys at the district court level. Whether your prior lawyer does not handle appeals or you are just looking for a fresh perspective on your matter, our appellate lawyers are ready to step in and make your case.

How many times can you appeal a criminal case?

After your criminal case has concluded with sentencing, you can appeal all adverse rulings from the trial court to the appellate court. After the appellate court rules on your appeal, you may be able to petition for further review by an even higher court. Once you reach the highest court of review, however, that court’s decision stands. That is all considered one appeal.

If the appellate courts find you are entitled to further proceedings (either a new trial or new sentencing hearing), you will have the opportunity to appeal issues that arise during those additional proceedings.

If your initial appeal results in the appellate courts upholding all adverse rulings against you, there will not be another opportunity to appeal. The process is designed to balance the need for a comprehensive review with the need to finality.

Do You Have a Criminal Appeals Attorney Near Me?

Joseph, Hollander & Craft maintains multiple offices throughout Kansas, including Overland Park, Lawrence, Topeka, and Wichita, for your convenience. We also maintain an office in Kansas City, MO, through which we serve the entire Metro area.