A criminal appeal in Missouri is not a second trial. The appellate court does not hear the witnesses again or weigh the evidence for itself. It reviews the written record of what happened in the trial court and asks a narrower question: did a legal error occur that entitles you to relief? What you can raise on appeal follows from that. This guide explains which issues a Missouri direct appeal can reach, which it cannot, and why preserving an issue at trial matters so much.
For how the appeal itself moves through the courts, see our direct appeals page.
The scope of an appeal
What issues can you raise on a criminal appeal?
A direct appeal challenges legal errors that appear in the trial record. Most fall into a few categories.
Evidentiary and procedural rulings
Decisions that shaped the trial, such as admitting or excluding evidence, denying a motion to suppress, or limiting cross-examination.
Jury instruction errors
Instructions that misstated the law, or that were given or refused when the opposite was required.
Sufficiency of the evidence
Whether the evidence, viewed in the light most favorable to the verdict, was legally enough for a reasonable juror to convict.
Sentencing errors
A sentence above the legal maximum, or imposed under the wrong statute or the wrong procedure.
Constitutional claims, such as an unlawful search or a denial of the right to confront witnesses, can also be raised on direct appeal when they were preserved in the trial court. Whether an issue was preserved often decides how closely the appellate court will look at it.
The rule behind most appeals
What does it mean to preserve an issue for appeal?
Preserving an issue means you raised it properly in the trial court, so the appellate court will review it in full rather than under a harder standard.
Object when it happens
As a general rule, a party must object at the time of the claimed error, so the trial judge has a chance to fix it. A silent record is hard to appeal.
Raise it again after the verdict
Many trial errors must also be included in a motion for new trial under Rule 29.11(b) to be preserved for review on appeal.
An issue that was not preserved is not automatically lost, but the appellate court will usually review it only for plain error, which is a much harder standard to meet. For the mistakes that most often cost an issue its full review, see preserving issues for appeal in Missouri.
When nothing was objected to
What if your lawyer did not object at trial?
Missouri courts can still review an unpreserved error, but only under the limited plain-error rule.
Rule 30.20 lets an appellate court review an error that was not preserved, at its own discretion, and grant relief only when the error was so serious that it resulted in manifest injustice or a miscarriage of justice. Plain-error review is not a second chance to argue every point that could have been raised below. It is a narrow safety valve, and most claims reviewed only for plain error do not succeed.
That is one reason the work done at trial matters so much to an appeal. The stronger the trial record, the more an appeal has to work with.
The record is the limit
Can you present new evidence on appeal?
No. A direct appeal is decided on the record made in the trial court.
The appellate court reviews the transcripts, the exhibits, and the filings from the trial court. It will not consider evidence that was never presented below, and it will not hear new witnesses. If the problem with your case depends on facts that are not in the record, such as something your lawyer failed to investigate, a direct appeal is usually not the place to raise it.
Claims like that are generally raised through post-conviction relief instead, which can involve new evidence and testimony. See our post-conviction relief page.
A common misunderstanding
Can you raise ineffective assistance of counsel on direct appeal?
Usually not. In Missouri, claims that your trial lawyer was ineffective are ordinarily raised through post-conviction relief, not on direct appeal.
Whether a lawyer’s performance fell short usually turns on facts that are not in the trial record, such as what was or was not investigated, or advice given off the record. Because a direct appeal is confined to the record, those claims generally belong in a Rule 29.15 motion after a trial, or a Rule 24.035 motion after a guilty plea. Our ineffective assistance guide explains the standard.
After a plea
What can you appeal after a guilty plea?
A guilty plea gives up most trial rights, so the issues left for a direct appeal are narrow.
A valid guilty plea waives most claims of error that came before it. On direct appeal after a plea, the questions are generally limited to matters like whether the court had the power to enter the judgment and whether the sentence was one the law allowed.
Challenges to whether the plea was knowing and voluntary, or that counsel was ineffective, are generally raised through Rule 24.035, not a direct appeal.
How it can end
What are the possible outcomes of a criminal appeal?
Depending on the error and how it affected the case, an appellate court can affirm the conviction and leave it in place, reverse it, send the case back to the trial court for a new trial or further proceedings, or correct or set aside the sentence.
How closely the court examines any given issue depends on the standard of review, which differs by the type of error. Questions of law are reviewed independently, while many judgment calls a trial court makes, such as evidentiary rulings, are reviewed only for an abuse of discretion. That is why the same error can carry different weight from one case to the next.
Answers
Appeal questions we hear
What can be raised on a criminal appeal in Missouri?
A direct appeal challenges legal errors in the trial record: evidentiary and procedural rulings, jury instruction errors, the sufficiency of the evidence, sentencing errors, and preserved constitutional claims. It cannot introduce new evidence, and in most cases it cannot raise ineffective assistance of counsel.
What is plain error review?
Under Rule 30.20, an appellate court may review an error that was not preserved at trial, at its discretion, and grant relief only if the error caused manifest injustice or a miscarriage of justice. It is a narrow standard, and most plain-error claims do not succeed.
Can you present new evidence on appeal?
No. A direct appeal is decided on the record made in the trial court. Claims that depend on facts outside the record are generally raised through post-conviction relief instead.
Can you raise ineffective assistance of counsel on direct appeal in Missouri?
Usually not. Those claims ordinarily go through a Rule 29.15 motion after a trial or a Rule 24.035 motion after a guilty plea, because they turn on facts outside the trial record.
Can you appeal after pleading guilty?
In a limited way. A guilty plea waives most claims, so a direct appeal is generally confined to issues like the court’s authority and the legality of the sentence. Other challenges go through Rule 24.035.
How long do you have to file a criminal appeal in Missouri?
The deadline to file a notice of appeal is short and set by the Missouri Supreme Court Rules. Because missing it can end the appeal before it starts, it is wise to speak with a lawyer quickly. See our direct appeals page.
Talk to us
An appeal turns on the record and the law.
If you are considering an appeal, reach out and we will look at what the trial record will support and where you stand on the deadline.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri criminal appeals, not legal advice, and it does not create an attorney-client relationship. Which issues can be raised, and the deadlines and standards that apply, depend on the particular case.
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