Post Conviction Appeals in Arizona
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A Defendant has 14 days from the date of their sentencing to file a “Notice of Appeal”. Also filed along with that is a “Designation of Record”. This will designate all of the documents and court reporter transcripts which will be necessary for the appeal. The higher court then issues a “Briefing Schedule”, which gives time limits on when the “Appellant’s Brief” is to be filed. The State can file a “Respondent Brief,” and the Defendant gets the last word with a “Reply Brief”. The judge can either rule on the pleadings or he can set the Appeal to “Oral Argument”, where the defense attorney and prosecutor show up to argue the case.
Watch this short video where David explains Appeals in Arizona:
The judge will then issue his ruling. If that ruling is not satisfactory, the Defendant can then appeal to the next higher court. This can go all the way up to the United States Supreme Court before a final indisputable ruling is handed down (i.e., Gore v. Bush in the 2000 presidential election).
The reason for Appeals are long and diverse. Normally, Appellate reasoning has to do with evidence which was admitted improperly, or admission of improper statements made by the police officers or Prosecutors which impinged on a Defendant’s right to a fair trial. For example, if the Officer mentioned that a Defendant requested an Attorney, then this is an improper comment on his Fifth (5th ) Amendment Right. In addition, if the Judge allowed the admission of evidence of an improperly obtained confession, or improperly obtained items from a Search Warrant, then this will also serve as grounds for the Appeal. At DM Cantor, we have been very successful in our Appellate practice. We have reversed convictions regarding all types of cases. Each case is different and will need a thorough review by one of our attorneys during your free initial office conference to determine whether your case is worthy of filing an Appeal. Be sure you review our Appeals victories.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Appeals Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it’s lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Appeals Attorneys know the system well. For a free initial consultation, call us at 602-307-0808.
Contact DM Cantor and speak to an Arizona Appeals Attorney about your case. We will assist you with your Appeal.