Can I Appeal My Criminal Case in Missouri? | Understanding Your Right to Appeal
You Have the Right to Appeal
Being convicted of a crime doesn’t always mean your case is over. In Missouri, you have the right to appeal a criminal conviction if you believe a legal error affected the outcome of your trial. An appeal isn’t about retrying your case—it’s about asking a higher court to review what happened and determine whether justice was carried out fairly.
Whether you’re facing jail time, probation, or the lasting effects of a criminal record, understanding the Missouri appeals process is the first step toward protecting your rights and your future.
What Is a Criminal Appeal?
A criminal appeal is a formal request for a higher court to review the decision made in your trial court. It’s not a new trial with new evidence or witnesses; instead, it’s a legal review of the trial record to identify errors that might have influenced the verdict or sentence.
Appeals are handled by the Missouri Court of Appeals—divided into the Western, Eastern, and Southern Districts. Most mid-Missouri cases (including those from Cole, Boone, Camden, and Miller Counties) are reviewed by the Western District, based in Kansas City.
Who Can Appeal a Criminal Case in Missouri?
You can typically appeal your conviction if:
You were found guilty after a jury or bench trial.
You pled guilty, but only under certain conditions (usually if your plea wasn’t voluntary or if the sentence exceeded what was agreed to).
You believe there was a legal or procedural error that affected your right to a fair trial.
Even if you were represented by a public defender or another attorney during trial, you can hire a new lawyer for your appeal—someone who focuses on appellate advocacy and has experience identifying trial-level mistakes.
Common Grounds for Appeal
Missouri appellate courts can overturn a conviction or order a new trial if certain legal errors occurred. Common grounds include:
1. Improper Admission or Exclusion of Evidence
If evidence that should have been excluded was allowed at trial—or critical evidence was wrongly excluded—it may constitute reversible error.
2. Errors in Jury Instructions
Jury instructions must be precise. If the judge gave incorrect or misleading instructions, that can form the basis for appeal.
3. Prosecutorial Misconduct
Inappropriate comments, withheld evidence, or unethical behavior by the prosecutor can be grounds for appeal.
4. Ineffective Assistance of Counsel
If your trial attorney’s performance fell below professional standards and impacted the result, you may be able to appeal based on ineffective counsel.
5. Insufficient Evidence
If the prosecution didn’t present enough evidence to support a guilty verdict, an appellate court can reverse the conviction.
6. Sentencing Errors
Sentences that exceed legal limits or misapply Missouri sentencing guidelines can also be challenged.
The Missouri Criminal Appeals Process
Here’s a step-by-step look at how appeals work in Missouri:
Step 1: Filing a Notice of Appeal
You generally have 10 days from the date of sentencing to file a Notice of Appeal with the trial court. Missing this deadline can forfeit your right to appeal, so it’s crucial to act quickly.
Step 2: Preparing the Record on Appeal
Typically, the appellant is responsible for preparing the record on appeal—including transcripts, exhibits, and all documents related to your case. Your appellate lawyer reviews these materials to find legal errors.
Step 3: Written Briefs
Your attorney submits a written brief to the Missouri Court of Appeals explaining why your conviction or sentence should be reversed. The State responds with its own brief defending the trial court’s decision.
Step 4: Oral Argument (Optional)
In many cases, lawyers present oral arguments before a panel of judges. These arguments allow both sides to clarify key issues and answer questions from the judges.
Step 5: Decision by the Court of Appeals
The appellate court issues a written opinion—affirming the conviction, reversing it, ordering a new trial, or modifying the sentence. In rare cases, a party can then ask the Missouri Supreme Court to review the decision.
How Long Does the Appeal Take?
The appeals process in Missouri can take 6 to 18 months, depending on the complexity of the case and the court’s caseload. While that may seem long, appellate cases require detailed legal research, precise writing, and careful review of thousands of pages of trial records.
During that time, your attorney focuses on identifying and arguing issues that give you the best chance at reversal or sentence reduction.
What an Appellate Attorney Actually Does
An appellate attorney’s role is different from that of a trial lawyer. Instead of presenting witnesses or evidence, the focus is on:
Reviewing the trial transcript for errors;
Researching Missouri and federal case law;
Drafting persuasive, legally sound briefs; and
Arguing before appellate judges.
Because the appeal centers on legal reasoning and written advocacy, experience and precision matter greatly in appellate work.
Why Working with an Experienced Appellate Lawyer Matters
Appellate law requires a deep understanding of both trial procedure and appellate rules. Small technical errors—like missing filing deadlines or failing to properly preserve an issue at trial—can make or break a case.
Sarah Ernst has handled appeals across Missouri and understands the unique challenges of post-conviction review. Her focus is on identifying reversible errors and crafting strategic arguments that give clients a genuine second chance at justice.
Next Steps if You’re Considering an Appeal
If you or a loved one was convicted in Missouri, time is critical. Appeals are time-sensitive, and missing the 10-day filing window can close off your options entirely.
Even if you’re unsure whether you have grounds to appeal, it’s wise to consult an appellate attorney immediately. A quick review of the court record can determine whether errors occurred that could change the outcome of your case.
ACT NOW!
Ernst Law LLC handles criminal appeals throughout Mid-Missouri, including Cole, Boone, Camden, and Miller Counties.
If you’re considering appealing a conviction, contact Sarah Ernst for a confidential consultation.
