Appeals & Post-Conviction
Missouri Criminal Appeals: How a Direct Appeal Works
A direct appeal asks a higher court to correct the legal errors from your trial. It is a different kind of fight, won on the record and the law, and more than one clock starts the day you are sentenced.
The basics
What is a direct appeal in Missouri?
A direct appeal does not put your case in front of a new jury. It asks an appellate court to read the record of what already happened and decide whether legal errors affected the outcome. There are no new witnesses and no new evidence. What was said and done at trial, and how it was preserved, is the case.
The part people miss
How long do I have to file a criminal appeal in Missouri?
Most people think of the appeal as one deadline. It is at least two, and the first one closes while the case still feels like it is in the trial court.
The motion for new trial
Under Rule 29.11(b), a motion for new trial is generally due within 15 days, with one extension of up to 10 days available. This is the clock almost nobody hears about, and issues that are not raised here can be lost for the appeal.
The notice of appeal
The criminal notice of appeal deadline is set by Rule 81.04, reached through Rule 30.01. It is short, and missing it can end the right to a direct appeal entirely, however strong the issues are.
Because the first clock runs while everyone is still absorbing the verdict, the most useful call you can make is an early one. Even if you have not decided whether to appeal, knowing where the deadlines fall costs nothing.
The issues
What can be raised on appeal in Missouri?
Not every disappointment is an appealable error, and not every error changes an outcome. We read the record for the issues a court can actually act on, including:
- Wrongly admitted or excluded evidence that affected the trial.
- Improper jury instructions that misstated the law.
- Insufficient evidence to support the verdict.
- Errors in the conduct of the trial that denied a fair proceeding.
- Sentencing errors in how the punishment was imposed.
Read the full breakdown: what can be raised on a criminal appeal in Missouri →
What a direct appeal cannot reach is anything outside the record, including a claim that your own lawyer failed you. Those go through post-conviction relief under Rule 29.15 or 24.035 instead. Where is your case? We handle appeals and post-conviction from Boone County and Cole County, and statewide. And for issues that are in the record, how fully they are reviewed depends on whether they were preserved at trial.
Where it goes
Which court hears a Missouri criminal appeal?
The Missouri Court of Appeals
Most criminal appeals go to the Missouri Court of Appeals, which sits in three districts. Which one hears your case depends on where you were convicted. An appeal from Cole County, for example, is heard by the Western District.
The Supreme Court of Missouri
Where the issues warrant, a case can reach the Supreme Court of Missouri, which sits in Jefferson City. Our office is on the same street.
Appeals in federal cases follow a different route entirely, to the U.S. Court of Appeals for the Eighth Circuit.
The process
What happens during a criminal appeal?
Notice and record
We file the notice of appeal on time, then assemble the record: the transcripts, rulings, and exhibits the appellate court will review.
Briefing
The heart of an appeal is the written brief. We identify the strongest issues and argue them with precision and the law behind them.
Oral argument
Where it is held, oral argument is a chance to answer the court’s questions directly. Credibility and preparation carry the day.
The decision and the mandate
The court may affirm, reverse, or send the case back. The mandate is the separate, later step that makes the decision final, and it starts the clock for post-conviction relief.
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.
Appeals take time. A realistic range is months rather than weeks, and it depends on the record, the court, and the issues.
Answers
Missouri criminal appeal questions we hear
How long do I have to file a criminal appeal in Missouri?
Two clocks matter. 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. The notice of appeal deadline is set by Rule 81.04 through Rule 30.01 and is short. Both can pass quickly, so it is worth confirming early.
Is an appeal a new trial?
No. An appeal is a review of the written record for legal error. There is no new jury, no new witnesses, and no new evidence. That is why what your trial lawyer objected to shapes what can be argued now.
Can I present new evidence on appeal?
No. A direct appeal is decided on the existing record. New evidence and issues outside the record, including ineffective assistance of counsel, are handled through post-conviction relief under Rule 29.15 or Rule 24.035.
Which court will hear my appeal?
Most Missouri criminal appeals go to the Missouri Court of Appeals, which sits in three districts, and which district depends on where you were convicted. An appeal from Cole County is heard by the Western District. Where the issues warrant, a case can reach the Supreme Court of Missouri.
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.
What happens if I win my appeal?
It depends on the error. A win can mean a new trial, a new sentencing, or dismissal. Reversal does not always end the case, and we will explain what a favourable ruling would realistically mean for you before you decide whether to appeal.
Talk to us
The appeal deadline will not wait.
If you or someone you love is considering an appeal, reach out. Knowing where the deadlines fall costs nothing, and the first one is sooner than most people expect.
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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