Appeals & Post-Conviction

Appeals & Post-Conviction

Wednesday, February 18, 2015

Demystifying the Court System. Part Two - The General Structure by Diagram:

In Part One of this Blog, we considered the organization of the trial courts, appellate courts and post-conviction courts which comprise the criminal justice system.  When diagramed, it looks like this:

The Pyramid of Trial, Appellate and Post-Conviction Litigation

     Justice – The Goal
/                "newly discovered" claims                \
/                "federal habeas" for state inmates               \
/            state and federal post-conviction & appeal             \
/                      Direct appeal courts – state and federal                    \
/                                                        Trial courts                                                   \

In the next entry, we will closely examine the processes at work in the "direct appeal courts," which is where cases proceed if the defense loses at a trial.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Wednesday, February 4, 2015

Demystifying the Court System. Part One - The General Structure:

How is the criminal justice system organized? If you lose your trial, how many appeals do you really have? How many opportunities are there for you to assert your innocence, and argue for your freedom, or a reduced sentence? This series of articles will provide the general structure to the “legal system.”

The easiest way to conceptualize the system is to imagine a pyramid. The lowest level is the "base," representing your local state and federal trial courts (named either "district" or “circuit"). All cases start here, after charges are filed by the local authorities. You are then brought in front of a trial judge for determination of guilt, innocence (by trial or plea bargaining). Above the base is a level of appellate courts (a "Court of Appeals" beneath a "Supreme Court") comprised of multi-judge panels who review trial court rulings. And beyond the appellate courts is a level of "post-conviction" courts where a person convicted can seek one final review of his or her trial attorney's performance.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.