St. Louis Appeals Attorneys

Last updated on June 16, 2026

At KesslerWilliams, we understand the weight of a criminal conviction and the urgency to act. We know you’re scared and confused, but you’re not alone, and you still have options. The appeals process can be a lifeline, offering a chance to correct mistakes and seek justice. Whether our team handled your case or not, we can help you explore your appeal options.

Missouri Criminal Appeals Versus Post-Conviction Relief

Rationale For An Appeal

In most cases, your appellate attorney will need to help you file a notice of appeal with the trial court within 10 days after a judgment against you. Your appeal may involve one or more of the following:

• New evidence was discovered.
• Proof has come to light that evidence was withheld during the criminal trial.
• Your defense counsel was ineffective.
• The sentence, including the term of imprisonment imposed, is excessive in relation to the offense.
• There is evidence of jury misconduct.

You may appeal a criminal case multiple times, starting with a direct appeal. Additional levels include post-opinion motions, post-conviction motions and federal habeas corpus appeals. Your options will depend on the specific aspects of your case and conviction.

At KesslerWilliams, we welcome inquiries from people who have been convicted of crimes as well as from fellow attorneys. We are well-qualified to evaluate a case in search of reasons to appeal, file an appeal or play any supporting role in the development of an appeal.

What Types Of Convictions Can Be Appealed?

It’s possible to appeal a criminal conviction if there was a legal error in a person’s trial that affected the fairness of the outcome. Some examples of mistakes that would warrant a criminal appeal include the following:

• The jury selection process was improper.
• The jury received incorrect instructions.
• The state provided insufficient evidence.
• The court improperly admitted or excluded evidence.
• The prosecutor made improper statements during the closing arguments.

It is crucial to know that while there are many appeal options to consider, you cannot appeal a conviction if your sentence is suspended.

Can You Appeal A Conviction Even If You Pleaded Guilty?

Yes. Although appealing a conviction after a guilty plea is more limited, there are still circumstances where it may be possible. Generally, you cannot appeal the actual conviction, but you can challenge aspects of the process that led to the plea.

For example, if your plea was not entered knowingly and voluntarily or if you were not fully informed of the consequences, this may be a basis for appeal. Similarly, if your defense attorney provided ineffective assistance during the plea process, such as failing to investigate a defense, pressuring you to plead guilty or misinforming you about your options, an appeal may be appropriate. In some cases, jurisdictional defects or sentencing errors may also open the door to an appellate review.

Possible Outcomes Of An Appeal

An appeal outcome cannot be guaranteed, but understanding potential results can help set expectations. Depending on the specific issues raised, the appellate court may rule in several different ways:

• Affirmation: The appellate court agrees with the trial court’s decision, and the original conviction and sentence remain in place.
• Reversal: The appellate court overturns the conviction, which could result in charges being dropped or the case being retried.
• Remand: The appellate court sends the case back to the trial court with instructions to hold new proceedings. This could involve a new trial, resentencing or hearings on specific legal issues.
• Modification: The appellate court adjusts part of the original sentence or judgment such as reducing the length of a sentence or correcting a legal mistake.

These outcomes depend on the strength of the legal arguments raised and the appellate court’s interpretation of the trial record.

The Intricacies Of Missouri’s Post-Conviction Relief Process And How It Connects to Federal Law

In criminal law, a direct appeal often challenges a conviction by reviewing legal errors made by the judge. If this option is exhausted and unsuccessful, you may proceed with the post-conviction relief (PCR) under Missouri Rule 29.15. Unlike a direct appeal, a PCR motion allows you to challenge a conviction after a trial by considering factors not in the trial record, including:

• Ineffective assistance of counsel: Your trial lawyer failed to meet the minimum standard of competence, such as failing to call a key witness or investigate a lead.
• Prosecutorial misconduct: The state suppressed evidence favorable to your case or committed other ethical violations.
• Constitutional violations: Your conviction or sentence violates the federal and state constitutions.

If your direct appeal is unsuccessful, you only have 90 days after the appellate court issues a mandate to your direct appeal. Most importantly, the PCR process lets you present new evidence that your original counsel missed or any proof on other grounds.

Receiving an unchanged decision on your PCR motion can be disappointing. However, under 28 U.S.C. Section 2254, you may have the right to petition for a writ of habeas corpus. While this option exists, understand that it comes with complexities:

• Exhaustion requirement: You can’t skip steps. You must have “exhausted” every available state remedy, such as Missouri’s direct appeal and Rule 29.15, before a federal judge will hear your case.
• High standard of review: Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), federal courts can only step in and overturn a state court’s decision if it ignored or misapplied Supreme Court precedent or made an unreasonable determination of the facts.
• Presumption of correctness: The federal courts assume that the state court made a correct decision. We must prove the state court’s ruling was based on an “unreasonable determination of the facts” or that it ignored established U.S. Supreme Court precedent.

Furthermore, the AEDPA imposes a strict one-year deadline on state prisoners. This does not simply mean that you must file a habeas corpus petition one year from the crime. The clock starts on the day your conviction becomes final, which is often 90 days after the Missouri Supreme Court affirms your conviction. It stops running when your Rule 29.15 motion is active in court.

Failing to meet specific deadlines can jeopardize your chances of challenging your conviction. KesslerWilliams is here to help you to the end. We will be direct with you about the odds, but we will never stop providing the support you need.

Ineffective Assistance Of Counsel In Detail

Claims of ineffective assistance of counsel are among the most common grounds for appeal or PCR. Some examples of attorney failures that may justify an appeal include:

• Not conducting a thorough investigation of the facts or key evidence
• Failing to interview or present testimony from crucial witnesses
• Neglecting to file important motions such as a motion to suppress evidence
• Advising or coercing a client into pleading guilty without exploring alternatives
• Making serious errors during the sentencing phase

Courts use the Strickland test to evaluate claims. To succeed, you must show that your lawyer’s performance was deficient and that the deficiency prejudiced your case, meaning the outcome would likely have been different with competent representation.

Appellate Process And Post-Conviction Relief Strategy

Criminal appeals in Missouri follow several procedural paths. At KesslerWilliams, our St. Louis appeals attorneys evaluate both direct appeals and PCR motions to determine how a conviction or sentence may be challenged.

A direct appeal focuses on legal errors that occurred during the trial. The appellate court reviews the trial record, including transcripts, rulings and admitted evidence. New evidence is generally not introduced. Instead, the Missouri Court of Appeals analyzes whether the trial court applied the law correctly and whether any errors affected the outcome.

When evaluating a case, appellate courts apply specific standards of review, including:

• Abuse of discretion: Used when reviewing decisions made by the trial judge such as evidentiary rulings
• Plain error review: Applied when an issue was not preserved at trial but may have resulted in a miscarriage of justice
• De novo review: Used for legal questions where the appellate court independently reviews the issue

If the court finds a significant legal error, it may reverse the conviction, modify the sentence or return the case to the trial court for further proceedings.

By contrast, PCR motions address issues that extend beyond the trial record. In Missouri, these claims are usually filed under Rule 29.15 after a trial conviction or Rule 24.035 following a guilty plea. PCR motions often involve claims such as ineffective assistance of counsel, constitutional violations or prosecutorial misconduct.

Frequently Asked Questions About Missouri Criminal Appeals

People considering a criminal appeal often have questions about deadlines, procedures and what the appellate court will review.

What is the difference between a direct appeal and a post-conviction relief motion?

A direct appeal challenges legal errors that occurred during trial based on the existing trial record. PCR motions focus on issues such as ineffective assistance of counsel or constitutional violations that may require new evidence or testimony.

How long do I have to file a notice of appeal after a criminal conviction in Missouri?

Missouri law requires a notice of appeal to be filed within 10 days after the judgment. Missing this deadline can result in losing the right to challenge the conviction through a direct appeal.

Can new evidence be introduced during a criminal appeal?

Generally, no. Direct appeals are limited to the evidence presented during the trial. Newly discovered evidence is typically addressed through PCR motions or federal habeas corpus petitions.

Don’t Wait: Contact Us For Help With A Criminal Appeal

Time is critical in appeals cases, so don’t delay. Reach out to us now to discuss your options. Call us at 314-720-5476 or complete our online contact form.