Alabama Appeals

Broadly speaking, an appeal is a review by a higher court of what was done at the trial court level. Were the court’s rulings on objections correct? Is the sentence legal? Was evidence properly excluded? Were the jury instructions correct? These are the kinds of questions that get asked in an appeal.

Another consideration is preservation.

Before the appeals court can review an issue, the issue must first be presented to the trial court and ruled on. Generally, appellate issues get preserved through objections, arguments, and motions. If an error is unpreserved for appeal, the Court of Criminal Appeals must reject it.

There is an exception for “plain error” which applies in cases where the death penalty has been imposed. [1] Even when plain error review is available, it is a difficult standard to meet. To qualify as plain error, the error must seriously affect a defendant’s substantial rights and have an unfair, prejudicial impact on the jury’s deliberations. [2] Stated differently, there must be an obvious error on the face of the record that substantially prejudiced the defendant. [3] The application of plain error relief is to be used sparingly and solely in those circumstances in which a miscarriage of justice would otherwise result. [4]

Where an issue goes unpreserved, all is not lost. Criminal defendants have the right to the effective assistance of counsel under the Sixth and Fourteenth Amendments both at trial and on the initial direct appeal following conviction. [5] If trial counsel failed to preserve an issue, sometimes the error may be raised as a claim of ineffective assistance of counsel where counsel’s failure is obvious in the appellate record. [6] However, if the issue requires an investigation into counsel’s decision-making and the reasonableness of his or her strategy, the claim must be saved for a Rule 32 petition. [7]

Regarding the process, an appeal begins with the filing of a notice of appeal within 42 days from the date of sentencing or the denial of a motion for new trial. [8] A record on appeal composed of the county clerk’s record and the court reporter’s transcript. [9] Appeals will primarily be completed through the submission of briefs which contain the arguments of error and must comply with strict formatting requirements. On occasion, the attorneys will be allowed oral arguments to present the case before the appeals court.

If you or someone you love is in need of representation for a criminal appeal in Alabama, contact Peter Armstrong, Attorney at Law, for a free consultation.

Citations:
1. Alabama Rule of Appellate Procedure 45A; Ex parte Woodall, 730 So. 2d 652, 665 (Ala. 1998).
2. Iervolino v. State, 402 So. 3d 844, 862-63 (Ala. Crim. App. 2023) (citations omitted).
3. Id.
4. U.S. v. Young, 470 U.S. 1, 15 (1985).
5. Strickland v. Washington, 466 U.S. 668, 685 (1984); Evitts v. Lucey, 469 U.S. 387, 396 (1985).
6. Martin v. State, 62 So. 3d 1050, 1066-68 (Ala. Crim. App. 2010).
7. Id.
8. Alabama Rule of Appellate Procedure 4(b).
9. Alabama Rules of Appellate Procedure 10(c).