Brent M. Brumley | Attorney At Law
Brent M. Brumley | Attorney At Law
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A criminal appeal does not involve new evidence

On Behalf of | May 21, 2024 | Criminal Law |

If you have been convicted of a criminal charge in Mississippi, you may be interested in appealing. Perhaps you feel that the conviction was clearly the wrong outcome. You want the appeals court to take another look at the case.

People in your situation often believe that the appeal is the time to bring new evidence to light. They think they can prove their innocence by demonstrating this new evidence to the court, so they essentially think of the appeal as a second trial. 

But the truth is that an appeal usually doesn’t involve new evidence at all. It’s just a second chance for a court to examine the details of the initial case.

Why do you appeal?

The reason to appeal is when a legal mistake has led to an unfair conviction.

For example, perhaps you believe that the judge in your case interpreted or applied the law incorrectly. You’re not arguing about the evidence that was presented, but you do think it led to the wrong conclusion.

Another issue could be if there wasn’t enough evidence. Perhaps you think you were convicted on evidence that was far too thin to meet the legal standard of proving your actions “beyond a reasonable doubt.” You are not disagreeing that the evidence exists or presenting new evidence, but simply claiming that it was not enough to warrant a conviction.

Starting your appeal

These are just a few examples of reasons that people may appeal criminal cases. Other examples include a prosecutor making unfair statements during an argument or mistakes made during the jury selection process. Regardless of why you want to appeal your case, you can see how important it is to understand exactly what legal steps to take.