Appellate Law

Post-Trial Motions: A Critical Part of an Oklahoma Criminal Trial

Post-trial motions in Oklahoma criminal cases are legal requests made by the defense or prosecution after a trial has concluded, typically seeking to alter or overturn the trial’s outcome. These motions are crucial as they provide an opportunity to address potential errors that occurred during the trial and can significantly impact the final judgment. This post will help you understand post-trial motions, how and when to use them in a criminal case, and when they must be filed.

Post-Trial Motions Are Different Than an Appeal

Post-trial motions seek to correct errors at the trial court level, while appeals involve a higher court reviewing the trial court’s decisions for legal errors. Both are crucial components of ensuring justice and protecting the rights of defendants. Post-trial motions are filed shortly after the close of the trial. Filing deadlines vary depending on the type of motion filed.

Common Post-Trial Motions

Below are a number of typical types of post-trial motions that you and your attorney may consider filing in your case along with the time and reasons for filing.

Motion for a New Trial

A motion for new trial can be based on several grounds, including newly discovered evidence, juror misconduct, errors of law during the trial, or any other issue that might have affected the defendant’s right to a fair trial. It must be filed within ten days after the verdict or the court’s final ruling and must specify the reasons for requesting a new trial and include any new evidence or affidavits that support the claims.

A typical scenario for a motion for a new trial might be the discovery of new evidence. After the trial concludes, if the defense discovers new evidence that was not available during the trial, they may consider filing this motion. For instance, a witness who was previously unknown comes forward with information that strongly supports the defendant’s alibi. This is strong evidence that changes the outcome of the trial.

Motion in Arrest of Judgment

This motion argues that the judgment should not be entered because of a legal or procedural error that makes the conviction invalid, such as the court lacking jurisdiction or the indictment failing to state an offense. This motion must also be filed within ten days after the verdict. If granted, the judgment is voided, and the defendant is released from the conviction.

An example of grounds for this motion might be lack of jurisdiction. This can happen if the court discovers that the crime actually occurred outside its territorial jurisdiction. The lack of jurisdiction can invalidate the conviction.

Motion to Vacate Judgment

A motion to vacate judgment is used to challenge the judgment based on errors that substantially affect the defendant’s rights. Grounds may include ineffective assistance of counsel, prosecutorial misconduct, or other significant legal errors.  The defense must provide evidence showing how the error impacted the trial’s outcome. If successful, the judgment may be vacated, leading to a new trial or dismissal of charges.

Ineffective assistance of counsel may lead to a motion to vacate. If the defendant’s trial attorney failed to investigate and present crucial exculpatory evidence, which significantly harmed the defense, a motion to vacate may be filed. This ineffective assistance of counsel may be found to have violated the defendant’s Sixth Amendment right to a fair trial.

Motion for Judgment of Acquittal Notwithstanding the Verdict (JNOV)

This motion contends that no reasonable jury could have found the defendant guilty based on the evidence presented. It asks the court to step in and substitute its judgment for the jury’s judgment and argues that the prosecution failed to meet its burden of proof. This motion is usually filed immediately after the verdict but is often considered a post-trial motion. If granted, the court enters a judgment of acquittal, overturning the jury’s verdict of guilty.

This motion may be filed when a party contends that the evidence presented at trial was insufficient to support the jury’s verdict. A motion for JNOV is typically filed after a motion for a directed verdict has been denied, arguing that no reasonable jury could have reached the given verdict based on the evidence.

Motion to Modify Sentence

This motion requests the court to reduce or alter the sentence imposed. Grounds can include the defendant’s behavior since sentencing, errors in the original sentencing, or new evidence of mitigating circumstances. The defense must present compelling reasons why the original sentence should be modified. If successful, the court may reduce the sentence or change its terms.

General Procedure and Considerations

Post-trial motions must be submitted in writing and include a detailed explanation of the grounds for the motion, supported by relevant legal arguments and evidence. The court may hold a hearing to consider the arguments from both the defense and the prosecution. During the hearing, both sides can present evidence, call witnesses, and make legal arguments. The court will evaluate the motions based on specific legal standards, such as whether the alleged errors were significant enough to affect the trial’s outcome or if new evidence could likely lead to a different verdict.

Strategies for Pursuing Post-Trial Relief

Pursuing post-trial relief in criminal cases in Oklahoma involves strategic considerations to address potential errors and seek remedies for injustices that may have occurred during the trial. Defense counsel must obtain court transcripts if they are available in a timely fashion. However, some of these post-trial motions may be filed without transcripts if they are unavailable.

Your attorney must select appropriate grounds for relief and present compelling arguments in support of any motions filed. This involves understanding the type of issue you wish to address, the arguments you have that are relevant to the issue, a full understanding of the law that both supports your issue and that works against your position, and available evidence.

As a rule, strictly observe filing deadlines for each type of motion or petition. Courts strictly enforce these deadlines. For any post-trial motion, it is important to gather affidavits, expert reports, and other documents to support the claims. Ensure all evidence is well-documented and presented in a clear, organized manner. If a motion is based on the finding of new evidence, you must show the court that you have used due diligence in discovering this evidence post-trial.

Ensure that each claim is grounded in solid legal arguments and supported by case law. Articulate how the errors affected the defendant’s rights and the trial’s fairness. Address whether issues were preserved for review and, if not, argue any exceptions that may apply. Finally, consider the desired outcome, the available evidence and the law carefully for each motion.

For example, a motion for a new trial may be made if there is new evidence, errors in the trial, juror misconduct, or any other reason that might have affected the verdict. When considering a motion for new trial, your attorney must identify and document specific errors or new evidence, collect affidavits or other evidence supporting the claim, and argue that these factors significantly impacted the fairness of the trial and the verdict.

Post-trial motions serve as a critical safeguard in the criminal justice system, ensuring that convictions and sentences are legally sound and just. They provide a mechanism to correct errors during the trial, protect the defendant’s rights, and maintain the integrity of the judicial process. Consult with your Tulsa criminal defense attorney to learn more.

Consult with a Tulsa Criminal Defense Attorney

Effective post-trial motions can change the outcome of your case. Take active steps to protect your legal rights. This begins with consulting a Tulsa appelleate attorney. Every case is different and even small facts can have a big impact. The Tulsa Criminal Defense Law Firm prides itself on zealously representing our clients.  Call today at 918-256-3400. We can provide personalized guidance based on your unique situation.

We are dedicated to providing reliable legal advice and representing clients throughout the criminal process. Together, we can navigate the complexities of the criminal court process and work towards a positive outcome.

 

Unfortunately, our criminal justice system is not perfect. Sometimes, people are found guilty of crimes they did not commit. Fortunately, the Oklahoma appeals process provides a mechanism for those who are wrongfully convicted to find justice.

An appeal is a request made by a defendant who has been convicted by a judge or jury in a lower court to have that court’s decision reviewed and changed by a higher court.

Making an Appeal in Oklahoma

Everyone convicted of  crime in Oklahoma has the statutory right to an appeal through the Oklahoma appeals process. To quality for an appeal in the Oklahoma appeals process, an individual’s case must meet one or more of the following grounds for an appeal in the state of Oklahoma:

• Legal or procedural errors

• Jury misconduct

• Prosecutorial misconduct

• Ineffective assistance of counsel

• New evidence

In the Oklahoma appeals process, criminal appeals are made to the Oklahoma Court of Criminal Appeals, which is the state court of last resort in criminal matters. That means the Oklahoma Court of Criminal Appeals is usually as far as an appeal can go.

The Oklahoma Supreme Court hears appeals in civil cases, and resolves jurisdictional disputes between the two courts. In some very unusual circumstances, issues affecting a criminal proceeding might be appealed to the Oklahoma Supreme Court. On a few occasions, the two courts have disagreed about which court has jurisdiction – including in a death penalty case.

Those convicted of a federal crime in the state of Oklahoma can make their appeal to the U.S. Court of Appeals for the Tenth Circuit. In very limited circumstances, a defendant may appeal a decision of Oklahoma courts to the 10th Circuit.

The Oklahoma Appeals Process

The Oklahoma appeals process is as follows:

1. After a final judgment or order has been rendered by the trial court, you and your attorney must first determine that there were errors made during the trial that constitute grounds for an appeal.

2. Your attorney must then initiate an appeal by filing a Notice of Intent to Appeal and a Designation of Record with the Court of Criminal Appeals within 10 days of your sentencing in the lower court.

3. In addition, a Petition of Error must be filed within 90 days of the formal sentencing.

4. Once the appeal has been recorded with the Court of Criminal Appeals, the court will issue a Notice to Transmit the Record.

5. An Appellant’s Brief, detailing the alleged errors made by the trial court, must then be filed with the Court of Criminal Appeals within 60 days after the Notice to Transmit the Record is filed.

6. The Court of Criminal Appeals will then respond within 60 days with an Answer Brief outlining any issues it has with the Appellant’s Brief.

7. The defendant may then file a reply responding to any issues raised in the Answer Brief.

8. The court will then review the record and all briefs exchanged between the defendant and the court (which can take up to 6 months) and render its decision on the case.

9. If the Court of Criminal Appeals decides to grant the appeal, it may choose to reverse the trial court’s decision, in whole or in part.

The entire Oklahoma appeals process, from the original trial court’s decision to the appellate court’s decision, typically lasts 10 -18 months; and it may result in a reversal, modification or affirmation of the trial court’s ruling or sentencing. The Court of Criminal Appeals may also order that a new trial or sentencing take place, with new instructions to the trial court to avoid the errors made in the original case.

If the Court of Criminal Appeals decides not to overturn the trial court’s ruling, you can explore other options for appeal, such as petitioning the Federal Court or applying for Post-Conviction Relief with a Writ of Habeas Corpus.

Confidential Consultation: Tulsa Oklahoma Appellate Lawyer

The Oklahoma appeals process is a complex process, and there are many rules and procedures that must be strictly followed when filing for an appeal. You will, therefore, need an Oklahoma appellate attorney who is well-versed with the requirements for filing a successful appeal in Oklahoma.

The Tulsa Criminal Defense Law Firm can advise you how the Oklahoma appeals process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: (918) 256-3400. Or if you prefer a Tulsa appellate lawyer on our  team to call you or reach you by email ,click here to ask your questions via the easy to fill-out online consultation request form.

Our criminal courts are imperfect, and sometimes legal errors or misconduct lead to a miscarriage of justice. As a result, innocent citizens are wrongfully convicted.

The Oklahoma appeals process allows defendants to appeal their convictions by asking an appellate court to review the trial court’s decision.

The appeals process is not only for those convicted of violating Oklahoma law. Even those convicted of federal offenses in the United States District Court in Oklahoma are entitled to appeal their conviction in United States Court of Appeals for the Tenth Circuit.

All appeals, however, must be handled skillfully and in a timely fashion which typically requires the assistance of a skillful appellate attorney to present your case.

This article explains when you should appeal your case in Oklahoma.

When to Appeal Your Case in Oklahoma

All citizens convicted of a crime in Oklahoma have a statutory right to an appeal, and it is advisable to appeal your case whenever you are convicted of a crime, regardless of the nature or circumstances of your conviction.

An appeal must be made on the basis that a legal or procedural error or some misconduct occurred during your trial, which resulted in you being wrongfully convicted.

The most common grounds upon which an appeal may be made in the Oklahoma appeals process are:

• Legal error or procedural error

• Jury misconduct

• Prosecutorial misconduct

• Ineffective assistance of counsel

• New evidence

The appellate court will find some errors to be harmless and to have had no bearing on the result of your case. However, any error which can be shown to have violated your right to a fair trial may result in the appellate court:

1. reversing or modifying the trial court’s decision or sentence, in whole or in part; or
2. ordering the case to be retried.

Confidential Consultation: Tulsa Oklahoma Appellate Lawyer

The Oklahoma appeals process is complex, and filing an appeal on inadequate grounds or failing to meet the filing deadlines will result in the dismissal of your appeal. So to ensure your chances of success, you need the assistance of an Oklahoma appeals lawyer who knows how to make the system work for you.

Wirth Law Office – Tulsa can advise you how the appeals process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call 918-256-3400 today.

Or, if you prefer a Tulsa appellate lawyer on our team to call you or reach you by email, click here to ask your questions via the online consultation request form.