Direct Appeals

Direct Appeals

After a criminal defendant has been convicted and sentenced by the judge or jury, the defendant may file a notice of appeal with the clerk of the court which issued the judgment. Once the notice of appeal is filed, the appealing party (the appellant) must file a record on appeal.  The record on appeal consists of the trial and sentencing transcripts (and other relevant pre-trial transcripts) and the legal file containing court orders and documents filed with the trial court which are relevant to the claims that will be raised in the appeal.

The appellant will then file their brief raising claims of trial error.  Trial error may include the court’s suppression of admissible evidence at trial, the improper exclusion of evidence at trial, improper jury instructions, improper and prejudicial comments made by the prosecution, and the failure to prove the elements of the charged offenses beyond a reasonable doubt.

The Attorney General, representing the State of Missouri, will then file their brief. The appellant may then file a reply brief, addressing any factual or legal errors in the Attorney General’s arguments.

After the parties have briefed the issues, the court of appeals may schedule oral argument in the case to clarify questions of fact and law. Other times, the case will be submitted on the briefs without oral argument.

If the court of appeals affirms the decision of the trial court, the unsuccessful party may appeal the decision of the court of appeals to the Missouri Supreme Court. An application for transfer to the Supreme Court is proper when there are questions of general interest and importance, the existing law requires re-examination, and the opinions of the Missouri appellate courts are contrary to the opinion being appealed. Review is discretionary.

* There are strict timelines which govern these filings.

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