CRIMINAL FAQS

After being convicted, a defendant may appeal to the Missouri Court of Appeals, claiming there was some legal error made during trial which affected the fairness of the trial. Some of the typical claims of error made by defendants include:

The appeal is not a new trial, and the facts found during the trial which support the guilty verdict will apply to the Court of Appeals' decisions regarding the legal issues raised.

From the time a defendant notifies the court in writing that he will appeal to the point where the Court of Appeals issues its mandate ending the appeal, the typical appeal will take about 12 to 18 months. More complex cases may potentially take longer.

The following steps occur in an appeal:

Victims of crime are entitled to be kept informed of the progress of an appeal. If the case is a misdemeanor, contact the office of the prosecutor who tried the case to notify them that you want to be kept informed. If the case is a felony, you need to notify the Attorney General's Office in writing that you want to be kept informed. You can do so by completing an online form available on our website.

You can also keep track of the case progress on the Internet through Case.net, the State's case tracking system. Click on litigant name, select the proper Court from the drop-down menu, enter the appellant's first and last names, and click on the appropriate case number. Select "Docket Entries" on the next page and follow the instructions, which will then show you everything that has occurred during the appeal so far.

Oral arguments are open to the public, so you may attend. You will be notified of the time and place of the argument if you have made a written request to be kept informed about the case. Each of the courts also has dockets of cases to be argued on their Web sites: Western District, Eastern District, Southern District, and Supreme Court.

Statements from people other than the attorneys and judges are not permitted at the oral argument. If you made a statement at trial or sentencing, however, that is included in the trial transcript, which the Court will read.

If the defendant is free on bond or received a sentence of probation, he or she may attend oral argument. If the defendant is incarcerated, however, he or she will not be at the oral argument.

Generally, no. If the jury (or judge, if there is no jury) finds the defendant not guilty after a trial, the Constitution prevents the state from seeking an appeal. The state can appeal under other extraordinary circumstances, such as when a court grants a defendant's motion to suppress evidence, when a court finds that the defendant is not competent to be tried, or when the court grants a judgment of acquittal after the jury finds the defendant guilty.

After the direct appeal is over, or if the defendant did not take a direct appeal, a defendant may file a motion for post-conviction relief, often referred to by its initials, PCR. The defendant is limited to the claims that the trial court had no jurisdiction to convict him or her; that his or her sentence exceeds the maximum possible for the crime; or that the conviction or sentence violates constitutional or state law. Most often, this is a proceeding where a defendant may challenge the actions of his or her attorney at trial and on direct appeal.

The post-conviction proceeding will occur in the county where the defendant was tried or pled guilty. The state is represented by the prosecutor who handled the trial or plea.

1. Pro se Motion: The defendant files a motion for post-conviction relief. This first motion is called a pro se (pro SAY) motion, as it is almost always filed by the defendant himself rather than through an attorney. The defendant must file this motion either 90 days after the appellate court mandate concluding the direct appeal if the defendant filed a direct appeal, or 180 days after the court’s judgment and sentence is entered if he or she did not appeal the conviction.
2. If the defendant (now called the movant) is indigent, the motion court will appoint him counsel and counsel has up to 90 days to file an amended motion. The amended motion will contain the only issues that may be raised during the action.
3. The trial court (now called the motion court) then will decide if an evidentiary hearing is needed based on what claims are properly raised. If a hearing is needed, the court will hold one. The movant may or may not be at this hearing, depending on the decision of the motion court.
4. The motion court issues "Findings of Fact and Conclusions of Law" declaring its decision and explaining the legal reasons for it.
5. The losing party then may appeal. The appeal is the same as for the original appeal described above, except that the movant has only 30 days to file the record on appeal if only a legal file is required, or 60 days if an evidentiary hearing transcript and a legal file are required.

To be kept informed of the post-conviction proceeding, you will need to contact the prosecutor's office which handled the original trial or plea. If there is an appeal, the state is represented by the Attorney General. If you wish to be kept informed of the progress of that appeal, you will need to submit a new request to the Attorney General's Office, even if you sent in such a request for a direct appeal.