What is the process for filing appeals in criminal defense cases?
The process for filing appeals in criminal defense cases in Indiana varies depending on the type of case. Generally, after a criminal conviction has been entered in a trial court, a defendant can file an appeal with the Court of Appeals of Indiana. This appeal must be filed within thirty (30) days from the date of the conviction, and it must be filed with the Clerk of the Court of Appeals of Indiana. The next step of the appeals process in Indiana is for the Court of Appeals to review the records of the lower court proceedings. During this review, the Court of Appeals will determine whether or not there was any error in the lower court’s trial proceedings or judgment. If the Court of Appeals finds an error in the lower court’s trial proceedings or judgment, it can reverse the decision of the lower court or remand the case for further proceedings. The final step of the appeals process in Indiana is the Indiana Supreme Court. After the Court of Appeals has reviewed the case, the defendant can then file a petition for transfer with the Indiana Supreme Court. This petition must be filed within twenty (20) days of the decision of the Court of Appeals. If the Supreme Court grants the petition, the case will then be heard by the Supreme Court. If the Supreme Court rejects the petition, the decision of the Court of Appeals will stand. These are the basic steps for filing an appeal in criminal defense cases in Indiana. However, the specifics of the appeals process will depend on the type of criminal case and the venue in which it was heard. Therefore, it is important to contact an experienced criminal defense attorney for more information about the appeals process in your particular case.
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