Our office handles criminal appeals for both State and Federal matters. Just because a conviction is handed down in a matter, does not necessarily mean the case is over. A defendant who believes they have been wrongfully convicted may still have options. A defendant may be able to appeal the conviction itself or the sentence.
In an appeal, the court is only allowed to review the record of the lower court's proceedings for legal error. The record to be reviewed consists of the court reporter's transcript of the proceeding, which includes the statements of the judge, attorneys and witnesses.
POST JUDGMENT RELIEF MOTIONS
Pursuant to Ohio Rules of Civil Procedure, Rule 60, the court may relieve a party from final judgment for the following reasons in addition to clerical mistakes: (1) mistake,
inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due
diligence could not have been discovered in time to move for a new trial under Rule 59(B); (3)
fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other
misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged, or a
prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer
equitable that the judgment should have prospective application; or (5) any other reason
justifying relief from the judgment.
With all appeals and post conviction relief motions, time constraints may apply in your particular matter. Therefore, if you are considering one of these options, it is recommended that you seek advise from legal counsel to discuss the particularities of your matter.