An Indiana appellate lawyer’s guide to criminal appeals, appellate deadlines, trial errors, sentencing challenges, and the Indiana Court of Appeals.
Quick Answer: How Do You Appeal a Criminal Conviction in Indiana?
In most Indiana criminal cases, a defendant appeals a conviction by filing a timely Notice of Appeal and asking the Indiana Court of Appeals to review whether legal errors occurred during the criminal proceedings. Criminal appeals typically focus on alleged legal mistakes appearing in the trial-court record, such as evidentiary rulings, jury-instruction issues, constitutional violations, prosecutorial misconduct, sentencing errors, or insufficient evidence.
Key Takeaway: A criminal appeal is not a new trial. The appellate court generally reviews the existing record to determine whether reversible legal error occurred. The Court of Appeals does not ordinarily hear new witnesses or consider new evidence that was not presented to the trial court.
What Is a Criminal Appeal?
A criminal appeal is a request for a higher court to review a criminal conviction, sentence, or other appealable ruling entered by a trial court.
The appellate process differs from a criminal trial in several important ways:
Criminal Trial
The trial court determines:
- What evidence is admitted
- What witnesses testify
- Whether guilt has been established
- What sentence should be imposed
Criminal Appeal
The appellate court generally determines:
- Whether legal errors occurred
- Whether constitutional rights were violated
- Whether sufficient evidence supports the conviction
- Whether the sentence complies with applicable law
- Whether reversal or remand is required
The appellate court reviews the record and legal arguments rather than conducting a new trial.
Can Every Criminal Conviction Be Appealed?
Most criminal convictions may be reviewed through the appellate process, although the available issues and procedures depend upon the specific circumstances of the case.
Common criminal appeals involve:
- Felony convictions
- Misdemeanor convictions
- Sentencing challenges
- Habitual-offender findings
- Probation-revocation issues
- Constitutional claims
- Evidentiary disputes
The strength of an appeal depends on the particular legal issues presented.
How Long Do You Have to Appeal a Criminal Conviction in Indiana?
Criminal appeals are subject to strict appellate deadlines.
Generally, the first step is filing a timely Notice of Appeal after the final judgment is entered.
Because deadlines can affect appellate rights, criminal defendants should evaluate appellate options as soon as possible after sentencing and entry of judgment.
Related Reading:
- How Many Days Do You Have to Appeal in Indiana?
- What Is a Notice of Appeal in Indiana?
What Are the Most Common Grounds for Criminal Appeals?
Not every trial error leads to reversal.
The strongest criminal appeals usually focus on preserved legal errors that may have affected the outcome of the proceedings.
- Improper Admission or Exclusion of Evidence
One of the most common grounds for appeal involves evidentiary rulings.
Examples include:
- Improper admission of hearsay
- Improper expert testimony
- Exclusion of favorable defense evidence
- Improper character evidence
- Violations of evidentiary rules
The issue on appeal is generally whether the trial court committed reversible legal error.
- Constitutional Violations
Criminal appeals frequently involve constitutional claims.
Examples include alleged violations involving:
Fourth Amendment
- Unlawful searches
- Improper seizures
- Search warrants
Fifth Amendment
- Self-incrimination issues
- Improper statements
Sixth Amendment
- Right to counsel
- Confrontation rights
- Jury-trial rights
Due Process
- Fundamental fairness
- Procedural protections
Constitutional issues often receive close appellate scrutiny because they involve significant legal rights.
- Jury Instruction Errors
Improper jury instructions may create appellate issues when they:
- Misstate the law
- Omit required elements
- Mislead the jury
- Shift burdens improperly
The appellate court may review whether instructional errors affected the fairness of the trial.
- Insufficient Evidence
A defendant may argue that the evidence was legally insufficient to support the conviction.
These appeals do not simply ask:
“Could the jury have reached a different conclusion?”
Instead, they typically ask whether sufficient evidence existed to support the conviction under the applicable legal standards.
Although these appeals can be difficult, they remain an important category of criminal appellate review.
- Prosecutorial Misconduct
Potential issues may include allegations that the prosecution:
- Made improper arguments
- Withheld required information
- Engaged in improper questioning
- Violated constitutional obligations
The viability of these claims depends heavily on preservation and the record.
- Sentencing Errors
Many criminal appeals focus on sentencing rather than guilt.
Examples include:
- Improper aggravating factors
- Improper mitigating-factor analysis
- Sentences alleged to be unlawful
- Errors involving habitual-offender findings
- Statutory interpretation issues
Indiana appellate courts regularly review sentencing issues in criminal cases.
What Does the Court of Appeals Review?
The Court of Appeals generally reviews the Record on Appeal.
That record commonly includes:
- Charging information
- Motions
- Orders
- Trial transcripts
- Hearing transcripts
- Exhibits
- Jury instructions
- Sentencing proceedings
The appellate court ordinarily does not receive new evidence during the appeal.
Related Reading: What Is the Record on Appeal in Indiana?
Can You Use New Evidence During a Criminal Appeal?
Generally, no.
Many defendants discover additional information after conviction and assume it can simply be presented to the appellate court.
Ordinarily, appeals are limited to the record created in the trial court.
The appellate court generally reviews what happened during the proceedings below rather than conducting an independent investigation.
Related Reading: Can You Use New Evidence in an Indiana Appeal?
What Standard of Review Applies in Criminal Appeals?
Different issues receive different standards of review.
De Novo Review
Often applies to:
- Constitutional questions
- Statutory interpretation
- Certain legal rulings
The appellate court independently decides the legal issue.
Related Reading: De Novo Review in Indiana Appeals Explained
Abuse of Discretion Review
Frequently applies to:
- Evidentiary rulings
- Procedural decisions
- Certain trial-management issues
Substantial deference is given to the trial court.
Related Reading: Abuse of Discretion in Indiana Appeals
Sufficiency Review
Insufficient-evidence claims involve their own highly deferential principles.
Appellate courts generally view the evidence most favorably to the conviction when evaluating these claims.
What Is the Difference Between a Direct Appeal and Post-Conviction Relief?
Many people confuse these procedures.
Direct Appeal
A direct appeal generally reviews errors appearing in the trial-court record.
Common examples include:
- Trial errors
- Sentencing errors
- Evidentiary issues
- Constitutional claims raised in the record
Post-Conviction Relief
Post-conviction proceedings often involve separate issues and different procedures.
Because these proceedings operate differently from direct appeals, legal analysis should occur early to determine the appropriate path.
Common Mistakes That Hurt Criminal Appeals
Mistake #1: Missing Appellate Deadlines
Appellate rights may be affected if deadlines are not properly observed.
Mistake #2: Trying to Relitigate the Entire Case
Appeals generally focus on legal error rather than rearguing every factual dispute.
Mistake #3: Ignoring the Standard of Review
The standard of review often determines how difficult reversal will be.
Mistake #4: Failing to Preserve Error
Issues not properly raised below can create significant appellate challenges.
Mistake #5: Focusing on Weak Issues
Strong appeals typically focus on the most significant legal questions.
Related Reading: How to Choose the Best Issues for an Indiana Appeal
Are Criminal Appeals Difficult to Win?
Many criminal appeals face significant challenges.
Common obstacles include:
- Preservation rules
- Harmless-error doctrine
- Deferential standards of review
- Strong evidentiary records supporting the conviction
However, successful appeals occur when reversible legal errors are identified and properly presented.
Frequently Asked Questions
Can I appeal a criminal conviction in Indiana?
In most situations, yes. Criminal convictions commonly become subjects of appellate review.
Can I appeal my sentence?
Often yes. Sentencing issues are among the most frequently litigated criminal appellate matters.
Can I present new evidence during the appeal?
Generally no. Appeals ordinarily proceed based on the existing record.
Does an appeal mean I get a new trial?
Not necessarily. Possible outcomes may include affirmance, reversal, remand, resentencing, or other relief depending on the issues involved.
What is the strongest criminal appellate issue?
There is no universal answer. Strong issues often involve preserved legal errors, constitutional violations, or significant procedural mistakes supported by the record.
Why Early Appellate Review Matters
Many criminal appellate issues are identified immediately after conviction and sentencing.
Early appellate analysis can help:
- Preserve appellate rights
- Calculate deadlines
- Identify viable issues
- Evaluate standards of review
- Develop an appellate strategy
The earlier potential issues are analyzed, the more effectively the appeal can typically be evaluated.
Conclusion
Appealing a criminal conviction in Indiana involves much more than disagreeing with the outcome of the case. Successful criminal appeals generally focus on legal errors appearing in the trial-court record, including constitutional violations, evidentiary rulings, sentencing issues, jury-instruction problems, and other preserved appellate issues. Understanding the appellate process, deadlines, standards of review, and record requirements is often the first step toward evaluating whether appellate relief may be available.
Related Reading
- How to Appeal a Case in Indiana
- What Is a Notice of Appeal in Indiana?
- How Many Days Do You Have to Appeal in Indiana?
- What Is the Standard of Review in Indiana Appeals?
- How to Choose the Best Issues for an Indiana Appeal
- Common Mistakes That Destroy Indiana Appeals
- What Is the Record on Appeal in Indiana?
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you through the appeal process. This blog post is written by Dixon & Moseley, P.C. advocates, who handle both criminal and civil appellate matters. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement.