Attorneys Alan Ellis and Karen L. Landau discuss ways in which federal criminal defendants, who have been convicted of a crime, either after a guilty plea or a trial, may challenge a conviction or sentence. The article, which first appeared in the Criminal Justice, Spring 2002 Edition, answers the following questions:
- Who is entitled to a direct appeal?
- What issues can be raised on appeal?
- How does a sentencing appeal differ from an appeal of underlying conviction?
- What are some of the obstacles a defendant may encounter in litigating an appeal?
- How does a direct appeal differ from a section 2255 motion?
- How and where do you file an appeal?
- Do any special rules apply to appeals?
- How long will it take?
- What are the briefs?
- What is oral argument?
- How is the appeal decided?
- Can a defendant give up the right to appeal?
- What happens if the defendant wins?
- What happens if the defendant loses?
By Alan Ellis
By Mark Allenbaugh