WHAT IS AN APPEAL? It is a review of a case, based on the transcript of the trial and the
written arguments (briefs) filed by defendant and the state. It is not a new trial. The
focus of the Court of Appeal is on the procedures followed rather than on the facts.
Worded differently, it is a review for legal errors, not factual errors.
WHAT DOES THE COURT OF APPEAL
CONSIDER? The review is based on the written record in the case.
The Court of Appeal is limited to the record and cannot consider anything which is not in
HOW LONG DOES IT TAKE? On average, the Court of Appeal decision takes 12-18 months from sentencing.
WHAT ARE THE STEPS IN AN APPEAL?
WHY DOES IT TAKE SO LONG? There are delays built into the system for each of the steps, including the
preparation of the transcripts, reading them, time limits for filing our brief and the
States brief, then setting the case for argument. Additionally, the cases are
considered in the order that they were filed.
CAN I GET MY TRANSCRIPT? Some of the court reporters deliver a copy of the transcript to us. Others
do not. We have no control over whether or not we get a copy of the transcript. If we get
a copy, it will be sent to you automatically along with the brief when it is filed.
Obviously, if we do not get a transcript, we can not send it. Note that we always have
access to the courts record in handling your case so will not be prevented from
making a full review if a copy of the transcript is not provided. Once it is prepared, a
copy of the brief will be sent to you, along with either the transcript or a statement
that none was received, without the need of any request from you. This is a matter of
routine for my office.
WHAT DO I NEED TO DO?
Please write and give me your address each time you move. As soon as you know it, please
include your DOC number. That will make it easier to reach you to send the transcript,
brief or for any other communication. You may write me at (Attorney' Name and Address).
- Motion for Appeal filed,
- Transcripts typed by court reporters,
- Transcripts read by attorney, searching for errors,
- Record (transcripts and all pleadings) filed with the Court of
- Brief prepared and filed on your behalf,
- State files a brief,
- The Court of Appeal takes the matter under consideration and renders
- We mail the decision to you when it is received from the Court of