Appeals & Post-Conviction
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Reducing a Federal Sentence: Compassionate Release and Retroactive Amendments
A federal sentence is hard to change once it is imposed. But federal law does allow a sentence to be reduced in a few specific situations: compassionate release for extraordinary and compelling reasons, a retroactive change to the Sentencing Guidelines, substantial assistance after sentencing, and a successful § 2255 motion. This guide explains each path…
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Section 2255 Motions in Missouri: Deadline, Grounds, and Process
A motion under 28 U.S.C. § 2255 is how a person serving a federal sentence asks the court that sentenced them to vacate, set aside, or correct it. For most people it is the one real chance, after the direct appeal, to raise problems that never made it into the trial record, above all a…
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What Happens If You Win a Criminal Appeal in Missouri?
Winning a Missouri criminal appeal usually means a new trial or resentencing, not release. When a win ends the case, how the State can respond, and what happens back in the trial court.
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How Long Does a Criminal Appeal Take in Missouri?
The stages of a Missouri criminal appeal in the Western District, why the transcript takes longest, custody during the appeal, and the 15-day rehearing and transfer deadlines.
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Lost at Trial in Missouri? What Happens Before the Appeal Can Start
After a guilty verdict in Missouri, the appeal waits for sentencing, but the motion for new trial is due in 15 days. Why trial counsel files it and what to do before sentencing.
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Should Your Trial Lawyer Handle Your Appeal?
Why a different lawyer usually should review a Missouri criminal trial on appeal, when the trial lawyer can, how public defender appeals work, and the Eighth Circuit rule.
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Preserving Issues for Appeal in Missouri: How Winning Issues Get Lost at Trial
How Missouri trial lawyers lose winning appeal issues: objections without grounds, gaps in the motion for new trial under Rule 29.11(d), and suppression issues not renewed at trial.
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What Can Be Raised on a Criminal Appeal in Missouri
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…
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Ineffective Assistance of Counsel in Missouri: What It Takes to Prove Your Lawyer Failed You
“My lawyer didn’t do their job” is one of the most common things people say after a conviction. Sometimes it describes a real constitutional violation. Often it describes a lawyer who lost, or who made a choice the client disagreed with. The law draws that line carefully, and this guide explains where it falls in…
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Rule 24.035 in Missouri: Challenging a Conviction After a Guilty Plea
Most Missouri felony cases end in a guilty plea, and many people assume that a plea closes every door. It does not. Rule 24.035 is the procedure for challenging a felony conviction entered on a guilty plea, most often because the plea was not truly knowing and voluntary or because a lawyer’s advice fell short.…