Criminal Appeals Argued on the Strength of the Record
State Appellate Practice for individuals challenging convictions or sentences arising from criminal proceedings in the lower state courts.
Attorney George represents clients appealing state convictions and sentences to the Appeals and Supreme Judicial Courts as well as in other jurisdictions throughout New England. An appeal is not a second trial but is won or lost on the record already made, and on knowing how to read it.
Every issue is measured against its standard of review. Questions of law are reviewed de novo, factual findings for clear error, and many evidentiary and sentencing rulings for abuse of discretion. Matching each argument to the relevant standard is what separates a persuasive brief from a long one.
Sentencing miscalculations and unreasonable sentences can all be challenged on appeal. Decades of appellate sentencing advocacy inform which arguments the Appeals and Supreme Judicial Courts are likely to take seriously.
A notice of appeal in a state criminal case must be filed within days of judgment. If you’ve been sentenced, or a judgment is about to enter, schedule a case review now to find out what the record will support.
The appellate process is unfamiliar to most people who have been through a criminal trial, and the procedural rules governing Massachusetts appeals are specific and strictly enforced. The questions below address what clients most often ask when evaluating an appeal.
Common Questions About Massachusetts Criminal Appeals
What is the deadline for filing a notice of appeal after a Massachusetts criminal conviction?What is the deadline for filing a notice of appeal after a Massachusetts criminal conviction?
A notice of appeal in a Massachusetts criminal case must generally be filed within 30 days of the entry of the judgment or the denial of a post-trial motion, and missing that deadline can forfeit the right to a direct appeal entirely.
How does an appeal to the Massachusetts Appeals Court proceed after the notice is filed?
After the notice of appeal is filed and the record is assembled, the court issues a briefing schedule; the appellant files an opening brief, the Commonwealth responds, and the court then schedules oral argument if requested and granted.
Why do first-degree murder appeals go directly to the Supreme Judicial Court?
Massachusetts law provides that first-degree murder convictions are appealed directly to the Supreme Judicial Court rather than the intermediate Appeals Court, and that court's review under G.L. c. 278, § 33E is broader in scope than standard appellate review for other crimes.
What kinds of errors are reviewable on a Massachusetts criminal appeal?
Reviewable errors typically include improper admission or exclusion of evidence, erroneous jury instructions, constitutional violations such as Confrontation Clause issues, and sentencing errors, provided those issues were raised below through a proper objection or motion.
How does a motion for new trial differ from a direct appeal in Massachusetts?
A Rule 30 motion for new trial is filed in the trial court rather than the appellate court and can raise newly discovered evidence or claims that could not have been addressed at trial—it operates on a separate procedural track from the direct appeal and can be pursued at different stages of post-conviction litigation.
Robert A. George Attorney & Counselor At Law reviews Massachusetts criminal appeals and post-conviction matters for clients at any stage following a trial court judgment. Call (508) 776-1220 to discuss the specifics of your case and identify what appellate or post-conviction options the record may support.