Dennis Shedd has extensive experience handling criminal appeals and other post-conviction matters. These include the following:
Appeals Defendants who have been convicted of a crime are entitled to have an appellate court review their convictions. An appellate court will order the entry of a not guilty verdict if it is persuaded that insufficient evidence was presented at trial to prove the charge. It will order the trial court to hold a new trial if it is persuaded that an error occurred at trial that may have affected the verdict. Similarly it will order the trial court to hold a new sentencing hearing if it is persuaded that an error occurred at the sentencing hearing that may have affected the sentence imposed by the judge after the defendant was found guilty.
In addition to the direct appeals of convictions, an appeal may also be taken from a decision on any of the post-conviction motions described below. If the court hearing the motion denies it, the defendant may seek to have an appellate court review the decision. If the court allows the motion, the state may seek appellate review.
Motion to withdraw a guilty plea A defendant who pleads guilty rather than going to trial must do so voluntarily and with an adequate understanding of the charges and the trial rights that are being given up. In addition, the facts of the case must support the charges to which the defendant is pleading. If the record at the plea hearing does not show that those requirements have been satisfied, the defendant may be able to withdraw the plea and have the case scheduled for trial.
Motion for a new trial When a defendant believes an error occurred at trial that may have affected the verdict and the issue can be decided without the presentation of any new evidence, the case may be decided directly by an appellate court as described above. However if new evidence must be presented to fully explain the issue, a motion for a new trial must be filed in the trial court. For example, evidence that was unknown at the time of trial may be discovered afterward, the defendant may learn after trial that the prosecution failed to disclose evidence that would have assisted the defense, or the defendant’s attorney at trial may have made errors that could have affected the result.
Motion to correct a sentence On occasion a judge will impose a sentence that is not authorized for the crime for which the defendant was found guilty. Sometimes although the sentence itself was legal, the prison holding the defendant will misinterpret it. Motions may be filed to correct those errors.
Habeas corpus petition When an appeal includes a claim that one of the defendant’s federal constitutional rights was violated and that claim is denied by the state appellate courts, the defendant may be entitled to present the issue to the federal district court.