Many people retain an attorney for their appeal believing that this attorney will have an opportunity to relitigate their client’s defense and obtain a better outcome. But that is not the way that Florida appeals courts work.
Below is some important information about the ins and outs of a Florida criminal appeal.
To appeal a case, defendants must have grounds
Simple dissatisfaction with a guilty verdict is not sufficient grounds for an appeal in Florida. The exception to that is the automatic appeal that all Florida inmates with sentences of capital punishment receive.
Appeal grounds might include the following:
- Insufficient evidence to justify a guilty verdict
- Legal errors, such as evidence submitted improperly
- Ineffective aid of counsel
- Juror misconduct
There are other grounds that could emerge in the first trial, also, which is why some clients retain an appellate attorney from the start or in consultation with their criminal defense attorney. Having an appellate attorney on board from the ground up can give convicted clients an edge on their appeal.
Appeals are narrow and focused
Many trials have errors. There are lots of moving parts and things can go wrong at any point during the adjudication of the case. However, not all errors affect the outcome of the trial. Simply a mistake occurring by the prosecutor or defense counsel is not necessarily grounds for a case to proceed to the appellate level.
Florida courts are tough. Don’t spend years behind bars on a reversible appellate case. Good appellate lawyers know how to draft a brief that narrowly focuses on the issue(s) at hand and the case law that supports their client’s version of the matter.