Families often picture a successful appeal as the end of the case: the conviction is overturned and the person comes home. That is rarely what happens. In most cases, winning an appeal means the case goes back to the trial court for something to be done again.
What a win looks like depends on the issue that won. Here is what to expect.
The outcomes
What happens if you win a criminal appeal in Missouri?
A new trial
When the error affected the trial itself, such as evidence that should have been excluded or an incorrect jury instruction, the usual remedy is to reverse the conviction and send the case back for a new trial. The charge remains, and the State can try the case again.
A new sentencing hearing
When the error was in the sentence, such as a sentence above the legal range or one imposed under the wrong procedure, the conviction usually stands and the case returns for resentencing.
A narrower fix
Sometimes only one count is affected, or the court orders a specific correction. The rest of the judgment stays in place.
Discharge, rarely
Only rarely does a win end the case outright, and that happens when the evidence was legally insufficient to convict. Double jeopardy then bars a retrial, under Burks v. United States (1978).
Not over yet
Can the State challenge a win on appeal?
Yes. A favorable opinion is not final the day it is issued.
The State has the same post-opinion options as the defense: a motion for rehearing under Rule 84.17 and an application for transfer under Rule 83.02, both within 15 days after the opinion, and then an application for transfer to the Supreme Court of Missouri under Rule 83.04. The case does not return to the trial court until the appellate process ends and the mandate issues.
Back in the trial court
What happens after a new trial is ordered?
- The case starts again. The State decides whether to retry the case, and the defense prepares as if for a first trial, often with a better understanding of the evidence.
- Negotiations can reopen. A reversal changes the leverage. Offers that were not available before trial sometimes become available after an appeal.
- Release can be revisited. With the conviction reversed, the person is again awaiting trial, and conditions of release can be addressed in the trial court.
- Time served still counts. Time already spent in custody on the charge is generally credited if there is a later sentence.
If the appeal is lost
What are the options if the appeal does not succeed?
A loss on direct appeal is not necessarily the end. Claims that trial counsel was ineffective are usually raised in a Rule 29.15 motion, due within 90 days after the appellate mandate. Federal habeas review may follow in some cases. See post-conviction relief in Missouri.
Answers
Winning an appeal: questions we hear
If I win my appeal, do I go free?
Usually not. Most successful appeals result in a new trial or a new sentencing hearing. Only rarely, when the evidence was legally insufficient, does a win end the case outright.
Can I be tried again after winning an appeal?
Generally yes, when the conviction is reversed for a trial error. Double jeopardy bars a retrial only when the appellate court finds the evidence was legally insufficient to convict.
Can the State appeal after I win?
The State can ask the Court of Appeals for rehearing or transfer within 15 days after the opinion and can apply for transfer to the Supreme Court of Missouri.
Could I get a longer sentence after a successful appeal?
It is a question worth asking before deciding to appeal. The rules on resentencing after an appeal are specific, and the answer depends on the case.
What happens if I lose my appeal?
You may still have post-conviction options, including a Rule 29.15 motion due within 90 days after the mandate, and in some cases federal habeas review.
See how long a criminal appeal takes and our direct appeals page, or call 573-638-8529.
Talk to us
Know what a win would mean before you appeal.
We will tell you what the strongest issues are and what a realistic result looks like.
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. Outcomes depend on the issues and the record in each case.
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