Most families call an appellate lawyer the day after a guilty verdict. It is the right instinct, but the appeal cannot be filed yet. In Missouri, there is nothing to appeal until there is a final judgment, and that does not happen until sentencing.
What happens in the weeks between the verdict and sentencing can decide what the appeal is able to argue. Here is what that period looks like and what to do during it.
The timing
Can I appeal right after a guilty verdict in Missouri?
No. A criminal appeal is taken from the final judgment, which is entered at sentencing.
After sentencing
The notice of appeal is due within 10 days after the judgment becomes final, under Missouri Supreme Court Rules 30.01 and 81.04. That deadline is short and does not move.
With an SIS
A suspended imposition of sentence is not a final judgment in Missouri, so it generally cannot be appealed. That matters when deciding whether to accept one. See SIS vs. SES.
The deadline that comes first
What is the motion for new trial, and who should file it?
After a jury trial, it is the step that preserves issues for appeal, and it is due long before any transcript exists.
Under Rule 29.11, the motion for new trial must be filed within 15 days after the verdict, with one possible extension of up to 10 more days. In a jury trial, errors not included in it are generally not preserved for appeal, with three narrow exceptions.
A trial transcript takes far longer than that to prepare. A new lawyer coming in after the verdict has no way to obtain the transcript before the deadline, let alone review it. That is why trial counsel is usually in the best position to file the motion for new trial: they were in the courtroom and know what happened.
What helps
What should I do between the verdict and sentencing?
- Talk to the trial lawyer right away about the motion for new trial and its deadline.
- Build an issue list. Every objection, ruling, and problem that came up at trial should be written down while memories are fresh. That list becomes the motion for new trial, and later it guides the review of the transcript on appeal.
- Bring in an appellate lawyer early. Before the motion is filed, an appellate lawyer can help make sure nothing is left out. See how winning issues get lost.
- Prepare for sentencing. Sentencing is a separate hearing with its own preparation, and it starts the 10-day appeal clock.
- Know the next date. Write down the sentencing date and count 10 days from the judgment.
After the notice
What happens once the appeal is filed?
The longest wait is usually for the transcript.
After the notice of appeal, the court reporter prepares the transcript, and that is the phase no one controls. Court reporters can request more time. Once the record is filed, the briefs follow on deadlines set by court rule. The person usually remains in custody during the appeal. Release on an appeal bond is possible but does not happen often.
An appeal reviews the record, so anything said off the record, and any exhibit not properly made part of the record, generally cannot be considered.
Answers
After-trial questions we hear
How long do I have to appeal a criminal conviction in Missouri?
The notice of appeal is due within 10 days after the judgment becomes final, which happens at sentencing, under Missouri Supreme Court Rules 30.01 and 81.04.
When is the motion for new trial due in Missouri?
Within 15 days after the verdict, with one possible extension of up to 10 more days, under Rule 29.11. In a jury trial, it must include the errors to be raised on appeal.
Should I hire an appellate lawyer before sentencing?
Ideally yes. An appellate lawyer can help the trial lawyer build the issue list for the motion for new trial and be ready to file the notice of appeal on time.
Can you appeal an SIS in Missouri?
Generally no, because a suspended imposition of sentence is not a final judgment.
Will I be released while my appeal is pending?
Usually not. Release on an appeal bond is possible in Missouri, but it is uncommon.
See whether your trial lawyer should handle your appeal and our direct appeals page, or call 573-638-8529.
Talk to us
Call before sentencing.
The motion for new trial and the notice of appeal both run on short clocks. The earlier we are involved, the more we can protect.
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. Deadlines depend on the procedural history of each case.
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