Practice Area
Appeals & Post-Conviction
Statewide appellate representation before the Missouri Court of Appeals and the Supreme Court of Missouri, won on the record and the law.
Overview
What is a criminal appeal, and how is it different from a trial?
Appeals are not retrials. They are won on the written record and careful legal argument, by finding the errors that changed the outcome and showing why the law requires relief. That work calls for a different discipline than trial, and we focus on it.
Appellate deadlines are short and strict, sometimes only a matter of days after judgment. If you or someone you love is thinking about an appeal, do not wait. Missing a filing deadline can cost the right to appeal entirely.
What we handle
What kinds of appellate work do you handle?
Direct appeals
Direct appeals of criminal convictions and sentences to the Missouri Court of Appeals and, where the issues warrant, the Supreme Court of Missouri, built around the trial record and the errors preserved in it.
Post-conviction relief
Missouri post-conviction motions under Rule 29.15 after a trial and Rule 24.035 after a guilty plea, including claims such as ineffective assistance of counsel that fall outside a direct appeal.
Federal appeals & habeas
Appeals to the U.S. Court of Appeals for the Eighth Circuit, which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota, and federal habeas corpus relief, including 28 U.S.C. §2255 motions in federal cases and §2254 petitions challenging a state conviction in federal court.
Appellate co-counsel
For trial lawyers who want appellate help: we can take the appeal or post-trial briefing while you stay focused on your docket. Your client remains your client.
The honest answer
How do you win a criminal appeal?
Not with rhetoric. Appeals are won on what the record already contains, which is why the work starts long before the brief does.
Preserved error
An appellate court is generally limited to issues that were raised and preserved below. What your trial lawyer objected to, and how, largely decides what is available now.
Error that mattered
Showing a mistake is not enough on its own. The argument has to connect the error to the outcome, because courts do not reverse for harmless problems.
Fewer, stronger issues
Raising everything weakens everything. Two or three well-built arguments read better than nine, and appellate courts notice the difference.
A realistic assessment
Most appeals do not succeed, and anyone who tells you otherwise is selling. We will tell you what we see in the record before you commit to it.
Fees
How much does a criminal appeal lawyer cost?
Appeals are priced differently from trial work, because the scope is more predictable: a record of a known size, a briefing schedule, and argument.
What we can quote
For many appeals we can agree a flat fee in advance once we know the length of the record and the issues involved. You will know the cost before you retain us.
What we cannot
Transcript costs are set by the court reporter, not by us, and a very long record or an unusual procedural posture can change the picture. Where a case cannot honestly be quoted flat, we say so rather than papering over it.
How we work
How do you handle an appeal?
Master the record
We read the entire trial record closely, every transcript, ruling, and exhibit, because on appeal the record is the case. What was preserved, and how, decides what is possible.
Frame the strongest issues
Not every error is worth raising. We identify the issues most likely to move a court and build each one on the facts of your record and the governing law.
Brief and argue
We write clear, persuasive briefs and present oral argument, the craft of appellate advocacy, where precision and credibility carry the day.
Keep you informed
Appeals are slow and largely invisible from the outside. We tell you what stage the case is at and what the next step actually means.
Just convicted? See what happens before the appeal can start and whether your trial lawyer should handle the appeal. Then read how long an appeal takes and what happens if you win.
Appealing a Cole County conviction? See our Jefferson City appeals page. For a Boone County conviction, see our Columbia appeals page. Each covers which court hears the appeal and who argues for the State.
Answers
Missouri appeal questions we hear
How do you win a criminal appeal?
By finding error that was preserved at trial and showing that it affected the outcome. Appeals are argued on the existing record, so what was objected to below largely decides what can be raised now. Fewer, stronger issues generally do better than a long list.
How much does a criminal appeal lawyer cost?
It depends on the length of the record and the issues involved. For many appeals we can agree a flat fee in advance. Transcript costs are separate and are set by the court reporter rather than by the firm.
How long do I have to file an appeal in Missouri?
Not long, and more than one clock is running. A motion for new trial under Rule 29.11(b) comes first, and the notice of appeal deadline is set by Rule 81.04 through Rule 30.01. Post-conviction relief runs on a different clock again. Because the first one closes quickly, call before you have decided.
What is the difference between an appeal and post-conviction relief?
A direct appeal is limited to errors in the trial record. Post-conviction relief under Rule 29.15 or Rule 24.035 raises issues outside the record, most often ineffective assistance of counsel, and can involve new evidence. Many cases pursue both, in sequence.
Can I use a different lawyer for my appeal?
Yes, and it is common. Appellate work is a distinct skill and a fresh review of the record is often the point. We also take appeals as co-counsel for trial lawyers who want to stay on their docket.
Do you take appeals from outside Mid-Missouri?
Yes. The appellate practice is statewide and includes the Missouri Court of Appeals, the Supreme Court of Missouri, the Eighth Circuit, and federal habeas corpus.
Talk to us
Deadlines move fast. Let’s talk today.
If you are considering an appeal, or you are a trial lawyer who needs appellate help, reach out.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this page is general and is not legal advice. Contacting Vindex Law, PC does not create an attorney-client relationship. Deadlines described here are general, and the deadline that applies to your case depends on your case.
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