Appeals and Post Conviction Litigation

When it comes to white collar crimes, there are chances of getting redress in the post conviction process or the appeal. Within ten days of the entry of the sentencing order, an appeal must be filed as per the law. On filing the appeal, a requisition is made for getting the records from the court reporter. This record will include all the relevant documents of the case, verbatim transcript of the trials held and of hearing testimonies as well. The cost for the producing the records should be taken care by the defendant. On producing the record or the transcript, it is filed with the district clerk and from there it is then forwarded to all the relevant circuit legal court of appeals. On receiving the file, the court of appeals will issue a notice of briefing to the appellant’s atto
ey (who was previously the defendant).

The brief of the appellant is a document that is written with all relevant arguments and reliefs that supports the relief that is requested. The appellant then files a copy of the brief with the circuit court of appeals and one copy will also be sent to the office of the federal prosecutor. There will be few days of time for the federal prosecutor’s office to give a response upon the brief. The law requires the prosecutor to submit the response to the appellant’s counsel, which comes under the ‘Rules of Procedure’. Thereafter the appellants counsel is supposed to give a short and brief reply. On receiving all the briefs, in certain cases, the circuit court makes decisions after an oral argument. In normal cases the circuit courts takes decisions based on the briefs submitted.

In case if the relief that is requested in the circuit is not being fulfilled, a movement towards the Supreme Court can be done. This is made possible through a writ certiorari. The discretionary authority powers of the Supreme Court takes in to consideration of few important cases, which is one major point to be considered while making such a movement.

Write process is thus another avenue for getting redress. Now, if the circuit court denies the relief requested or if the Supreme Court denies its discretionary review of the case, the defendant (appellant) has the right to file a petition for writ of habeas corpus at the district court. The habeas corpus filing states that the individual’s constitutional rights have been violated during the trial. The habeas corpus lawyer plays a vital role in this. Texas criminal lawyers points that in such cases, there will be an in-depth review of the circuit court done by the district court to identify any violation in the trials conducted. The further determination by the district court can aid in the appellant’s request of relief being granted.