A Conviction Isn’t The End, You Have Options
A conviction is not the end of the road in criminal cases. Although your case didn’t turn out how you wanted, you aren’t entirely out of options for your desired outcome. With an experienced appeals attorney, you have an opportunity to get your life back.
Attorney Travis Rossman in Barbourville has years of experience representing clients in front of the Kentucky Supreme Court and the U.S. Court of Appeals for the 6th Circuit. If you have a civil matter and need representation to appeal a judgment, Mr. Rossman can present a solid case to help you reach your goals.
Appellate Experience That Makes A Difference
Mr. Rossman has vast experience with criminal and civil appeals. Appeals are often complex and require significant knowledge, confidence and experience arguing in front of those courts. Whether you are challenging a conviction in a federal criminal trial or seeking to challenge a judgment in your civil case, you can rely on Mr. Rossman to successfully represent you.
An appeal requires grounds that there was a flaw in the process of your case that caused the resulting decision. When you bring your case to Mr. Rossman, he will review your options and look for any mistakes the court made. For example, procedural errors, prejudicial evidence or misapplication of the law can all be used as grounds for appealing a judgment.
Successful appeals achieved by attorney Travis Rossman his legal team:
- United States v. James Lamont Dunbar, U.S. Court of Appeals for the 6th Circuit, Case No. 11-5609: Life sentence vacated
- United States v. Kurt Harrington, U.S. District Court for the Eastern District of Kentucky, Case No. 6:17-cv-199: Life sentence vacated
- United States v. Cortiyah Moore, U.S. Court of Appeals for the 6th Circuit, Case No. 23-1065: Three out of four counts of conviction reversed for insufficient evidence
- United States v. Kelly Harrison, U.S. Court of Appeals for the 6th Circuit, Case No. 15-3720: Sentence vacated for district court’s failure to consider non-frivolous argument for a lower sentence
- Bays v. Kiphart, 486 S.W.3d 283 (Ky. 2016): Kentucky Supreme Court unanimously affirmed judgment in favor of Mr. Rossman’s client in a legal dispute over a trust
Frequently Asked Questions About Appeals
Many clients have questions about the appeals process when considering challenging a conviction or judgment. Below are answers to some common questions that arise during consultations with our firm:
How long do I have to file an appeal after a criminal conviction?
In Kentucky state courts, you typically have 30 days from the entry of judgment to file a notice of appeal. This deadline is strictly enforced, and failing to file within this time frame generally results in the loss of your right to appeal. For federal criminal convictions, the notice of appeal must be filed within 14 days after the entry of judgment or order being appealed.
These deadlines may be extended in limited circumstances such as when post-trial motions are pending. However, the safest approach is to contact an appeals attorney immediately after receiving an unfavorable verdict. If you miss the direct appeal deadline, other post-conviction remedies might be available, but these have different requirements and limitations.
What is the process of appealing a criminal conviction?
The appeals process begins with filing a notice of appeal, which notifies the court and opposing parties of your intent to appeal. After this initial filing, your attorney will obtain the complete trial record, including transcripts, exhibits and court documents, for use in your appeal.
Your attorney then reviews this record to identify potential errors that occurred during your trial, such as improper admission of evidence, incorrect jury instructions or insufficient evidence to support the conviction. Based on this review, your attorney prepares and files an appellate brief arguing why the conviction should be overturned.
The prosecution files a response brief defending the conviction, after which your attorney may file a reply brief. In some cases, the appellate court schedules oral arguments where attorneys present their positions directly to the judges. After considering all arguments, the court issues a written decision either affirming the conviction, reversing it or remanding the case for further proceedings.
Can new evidence be presented during an appeal?
Generally, no. Appeals are not new trials but reviews of the existing trial record for legal errors. The appellate court only considers evidence that was presented during the original trial. This is one of the most misunderstood aspects of appeals.
If you have discovered new evidence that was not available during your trial, this would typically be addressed through a different legal mechanism such as a motion for a new trial based on newly discovered evidence or post-conviction relief petitions. These are separate from the direct appeal process and have different standards and time frames.
In exceptional circumstances, an appellate court might remand a case for consideration of new evidence, but this is rare and typically requires showing that the evidence could not have been discovered earlier through reasonable diligence and would likely change the outcome of the case.
Don’t Wait To Get Started On Your Appeal
You only have a limited time to file an appeal after a judgment. The sooner you get in touch with an experienced criminal and civil appeals attorney, the better your chance of success. Contact Mr. Rossman by calling 606-232-8521 or filling out an online contact form to schedule your free consultation.
Serving Knox, Bell, Laurel and Whitley counties.