After a conviction, the question families ask most is how long the appeal will take. The honest answer is many months, and the longest part is usually a step no one in the case controls.
Appeals from Cole, Boone, and Callaway Counties go to the Missouri Court of Appeals, Western District. Here is how the process moves from the notice of appeal to a decision, and where it tends to slow down.
Step by step
What are the stages of a criminal appeal in Missouri?
- Notice of appeal. Due within 10 days after the judgment becomes final at sentencing, under Rules 30.01 and 81.04.
- The record on appeal. The court reporter prepares the trial transcript, and the legal file and exhibits are assembled.
- The appellant’s brief. The defense brief identifies the errors and argues them, on a deadline set by court rule.
- The State’s brief. The Attorney General’s Office responds for the State, and the defense may file a reply.
- Oral argument. Many cases are argued before a panel of judges. Some are decided on the briefs.
- The opinion. The court issues a written decision, sometimes months after argument.
The slow part
What takes the longest in a Missouri appeal?
Waiting for the transcript.
No brief can be written until the record exists, and the transcript of a trial can run hundreds of pages. It is prepared by the court reporter, and if the court reporter asks for more time, the appeal waits. It is the one phase that neither side controls.
After the record is filed, the brief deadlines set by court rule take over. Extensions can be requested and are commonly granted, so the briefing phase can stretch too. The record also matters for what can be argued: anything said off the record, and any exhibit not properly made part of it, generally cannot be considered.
In the meantime
Do you stay in prison while your appeal is pending?
Usually, yes.
The sentence generally continues to run while the appeal is pending. Release on an appeal bond is possible in Missouri, but it is uncommon. For most families, the realistic plan is for the person to remain in custody until the appeal is decided.
After the opinion
What happens after the Court of Appeals decides?
The losing side has short deadlines to ask for further review.
- Motion for rehearing: within 15 days after the opinion, under Rule 84.17, to point out matters of law or fact the court overlooked or misinterpreted.
- Application for transfer in the Court of Appeals: within 15 days after the opinion, under Rule 83.02, asking that the case be sent to the Supreme Court of Missouri.
- Application for transfer in the Supreme Court: under Rule 83.04, within 15 days after the Court of Appeals denies transfer or rehearing, or 30 days after the opinion, whichever is later.
- The mandate. When review is over, the Court of Appeals issues its mandate. If the conviction stands, the 90-day deadline for a Rule 29.15 motion runs from the mandate.
Answers
Appeal timeline questions we hear
How long does a criminal appeal take in Missouri?
Many months, and often more than a year. The longest phase is usually waiting for the trial transcript, followed by briefing on deadlines set by court rule, argument, and the opinion.
Which court hears appeals from Cole, Boone, and Callaway Counties?
The Missouri Court of Appeals, Western District.
Why is my appeal waiting on the transcript?
The briefs cannot be written until the record is complete, and the court reporter prepares the transcript. If the reporter needs more time, the appeal waits.
Can I get out on bond during my appeal?
It is possible in Missouri but uncommon. Most people remain in custody while the appeal is pending.
What can I do if I lose my appeal?
Within 15 days of the opinion, you can file a motion for rehearing or an application for transfer. If the conviction stands, a Rule 29.15 motion is due within 90 days after the mandate.
See what happens before the appeal can start and what happens if you win, or call 573-638-8529.
Talk to us
The 10-day clock starts at sentencing.
Every later step depends on a timely notice of appeal. If sentencing is coming, call now.
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. Timelines vary by case and court.
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