Columbia · Boone County
Appeals Lawyer in Columbia & Boone County
Appeals are not retrials. They are won on the written record and careful legal argument, and the deadlines are short and strict. We handle criminal appeals and post-conviction cases from the Boone County Circuit Court.
Before anything else
How long do I have to appeal a Boone County conviction?
Appellate deadlines are short and strict, and more than one of them can be running at the same time. Missing one can cost the right to appeal entirely, no matter how strong the issues are. These are the clocks that usually matter after a Boone County judgment.
Motion for new trial
After a trial, a motion for new trial under Rule 29.11(b) is generally due within 15 days, with one extension of up to 10 days available. This motion is also how many issues are preserved for the appeal that follows.
Notice of appeal
The criminal notice of appeal deadline is set by Rule 81.04, reached through Rule 30.01. It is measured in days, not weeks, from the point the judgment becomes final, and it is the filing that opens the appeal.
Rule 29.15, after a trial
A post-conviction motion under Rule 29.15 is due within 180 days of the date the sentence was entered if no appeal was taken, or within 90 days after the appellate court’s mandate if the judgment was appealed and affirmed. How Rule 29.15 works
Rule 24.035, after a guilty plea
A post-conviction motion under Rule 24.035 runs on the same terms: 180 days from sentencing if there was no appeal, or 90 days after the mandate if there was one. How Rule 24.035 works
These deadlines are general and are described as the rules currently stand. The deadline that applies to your case depends on your case, and it is usually shorter than people expect. Nothing on this page extends a deadline that is already running.
Where a Boone County appeal goes
Which court hears an appeal from Boone County?
Where the case starts
Felony and misdemeanor cases in Boone County are tried in the Circuit Court of Boone County, part of Missouri’s 13th Judicial Circuit, at the Boone County Courthouse at 705 East Walnut Street in Columbia. The appeal is built on the record made there.
The Court of Appeals, Western District
An appeal from Boone County is heard by the Missouri Court of Appeals, Western District, which sits in Kansas City. The Western District covers 45 counties, including Boone, Callaway, and Cole. It has on occasion heard oral arguments in Columbia, at the Boone County Courthouse and the University of Missouri School of Law. Boone County appeals go to the Western District, but we are not limited to it: we take appeals from anywhere in Missouri, in every district and in federal court.
The Supreme Court of Missouri
Where the issues warrant, a case can go on to the Supreme Court of Missouri in Jefferson City. Our office is on the same street, at 235 East High Street.
Who argues for the State
On appeal, criminal convictions are defended by the Missouri Attorney General’s Office, not the county prosecutor who tried the case. The lawyers on the other side of an appeal are appellate specialists, and the brief for the defense should be written the same way.
Which path applies
Which path applies: appeal or post-conviction relief?
People use the word appeal for several different things, and they run on different rules and different clocks. Getting the path right matters as much as the argument.
Direct appeal
A review of the trial record for legal error. Built on what was preserved at trial, which is why what your trial lawyer objected to shapes what is possible now. The direct appeal process
Post-conviction relief
Missouri motions under Rule 29.15 after a trial and Rule 24.035 after a guilty plea, filed in the Boone County Circuit Court and raising claims such as ineffective assistance of counsel that fall outside a direct appeal. Post-conviction relief
After a guilty plea
A guilty plea narrows what can be raised on direct appeal, but it does not always end the options. Claims that a plea was not knowing and voluntary, or that counsel’s advice was deficient, usually belong in a Rule 24.035 motion.
Appellate co-counsel
For Columbia trial lawyers who want appellate help: we can take the appeal or the post-trial briefing while you stay on your docket. Your client remains your client. How co-counsel works
What the process looks like
What happens after an appeal is filed?
An appeal is a long, written process, and very little of it happens in a courtroom. Knowing the sequence makes the waiting easier to understand.
The notice and the record
The notice of appeal is filed in the Boone County Circuit Court, and the record is assembled: the legal file, the exhibits, and the transcripts of everything that was said on the record. Transcripts are ordered from the court reporter and take time to produce.
The briefs
The appellant’s brief comes first and carries the argument. The Attorney General’s Office answers for the State, and a reply brief may follow. The briefs are the case. This is where an appeal is won or lost.
Oral argument
The court may set the case for argument or decide it on the briefs alone. Where argument is held depends on the court hearing the appeal. Our appellate practice is statewide, so we argue in the Western District in Kansas City, the Eastern District in St. Louis, the Southern District in Springfield, the Supreme Court of Missouri in Jefferson City, and the Eighth Circuit in federal cases. Argument is short and is spent answering the judges’ questions rather than delivering a speech.
Opinion and mandate
The court issues a written opinion. The mandate that follows is what makes the decision effective, and it also starts the clock on post-conviction deadlines. From notice of appeal to opinion commonly takes many months, and often longer than a year.
What an appellate court is looking for
What kinds of issues win an appeal?
Appellate courts do not reweigh the evidence or second-guess the jury on credibility. They look for legal error, and how the error was handled at trial controls how hard it is to win.
Preserved error
An objection made at the right time, and carried forward in a motion for new trial, gives the appellate court the cleanest path to review. This is the strongest position an appeal can be in.
Plain error
Where an issue was not preserved, Rule 30.20 allows a court, in its discretion, to consider plain errors affecting substantial rights when it finds that manifest injustice or a miscarriage of justice has resulted. It is a harder standard, and it is not a substitute for preservation.
Sufficiency of the evidence
A claim that the State’s evidence could not support the verdict as a matter of law. The standard of review is demanding, because the court views the evidence in the light most favorable to the verdict, but it is preserved differently from other claims and is always worth examining.
Sentencing and judgment error
Sentences outside the range, findings the record does not support, and clerical errors in the written judgment can often be corrected even where the conviction itself stands.
Claims that belong in post-conviction
Ineffective assistance of trial counsel usually depends on facts outside the trial record, so it belongs in a Rule 29.15 or 24.035 motion rather than a direct appeal. What ineffective assistance has to show
What the court can do
An appellate court can affirm, reverse outright, send a case back for a new trial, or send it back for resentencing. Winning an appeal usually means getting the case back to the trial court in better shape, not walking out the same day.
How we handle an appeal
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.
Tell you where you stand
An appeal is a serious undertaking and not every case has an issue worth pursuing. We will tell you what we see in the record rather than what you might want to hear.
Fees
What does a criminal appeal cost?
It depends on the length of the record, the number of issues worth raising, and whether the case is a direct appeal, a post-conviction motion with a hearing, or both. For most appellate matters we quote a flat fee in advance, agreed before you hire us, so the price does not move while the case is pending. Transcript, filing, and court costs are separate, and we tell you what to expect before you commit.
We will also tell you if we do not see an issue worth pursuing. That conversation is cheaper than an appeal.
Answers
Columbia appeal questions we hear
Which court hears an appeal from Boone County?
An appeal from the Circuit Court of Boone County goes to the Missouri Court of Appeals, Western District, which sits in Kansas City. Where the issues warrant, a case can go on to the Supreme Court of Missouri in Jefferson City.
How long do I have to file an appeal?
Not long. Appellate deadlines in Missouri are short and strict, sometimes a matter of days after judgment, and they differ depending on whether you are pursuing a direct appeal or post-conviction relief. Because missing one can end the right to appeal entirely, this is worth a call before you have made up your mind.
Is an appeal a new trial?
No. An appeal is not a retrial and there is no new evidence and no new jury. An appellate court reviews the written record from the trial court for legal error. That is why what was preserved at trial shapes what can be raised.
Can I appeal if I pleaded guilty?
A guilty plea limits what can be raised on direct appeal. Challenges to the plea itself, or to the advice you received before entering it, are usually brought in a Rule 24.035 post-conviction motion, which has its own strict deadline.
Can you handle the appeal if a different lawyer handled my trial?
Yes, and that is common. Appellate work is a different discipline from trial work, and a fresh set of eyes on the record is often the point. We also take appeals as co-counsel for trial lawyers who want to stay on their docket.
How long does a criminal appeal take in Missouri?
Longer than most people expect. The transcripts have to be prepared before briefing can begin, and the briefing schedule itself runs for months. From the notice of appeal to a written opinion commonly takes many months, and often more than a year. A post-conviction case with an evidentiary hearing can run longer still.
Do I stay in prison while my appeal is pending?
Usually yes. An appeal does not pause a sentence, and release pending appeal is not automatic in Missouri. Whether it can even be asked for depends on the offense, the sentence, and the posture of the case. We will tell you honestly whether it is realistic in your situation.
What if my trial lawyer never objected?
It makes the appeal harder, not impossible. Where an issue was not preserved, Rule 30.20 lets the appellate court consider plain errors affecting substantial rights when it finds manifest injustice or a miscarriage of justice. Separately, a failure to object can itself become a claim in a Rule 29.15 motion, where the question is whether counsel’s performance fell below what the law requires and whether it changed the outcome.
Can I bring new evidence on appeal?
Not on a direct appeal. The appellate court reviews the record that was made in the trial court and nothing else. Claims that depend on facts outside that record, including most ineffective assistance claims, belong in a post-conviction motion, where a hearing can be held and evidence can be presented.
How much does an appeal cost?
It depends on the size of the record and the path the case takes. For most appellate matters we quote a flat fee in advance, agreed before you hire us. Transcript and filing costs are separate. We will give you the number before you commit to anything.
I am a Columbia lawyer with a client who wants to appeal. Can you take just the appeal?
Yes. We take appeals and post-trial briefing as co-counsel while the trial lawyer stays on the docket. Your client stays your client. See how co-counsel works.
Do you take appeals from outside Boone County?
Yes. Our appellate practice is statewide. See our statewide appeals and post-conviction page, or our Jefferson City appeals page for Cole County cases.
Talk to us
The clock is the reason to call early.
If you are considering an appeal from a Boone County conviction, or you are a Columbia 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 in your case may differ.
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