Legal Blog

An incalculable amount of stress and anxiety unfortunately befalls those whose family member, friend or loved one has been wrongfully convicted of a crime, or sentenced excessively. The worst feeling of all is having to watch the world move on while the injustice just witnessed becomes yesterday's news. "It's not supposed to happen here, in this country!" (Sadly, it does every day.)

In our last entry, we briefly touched upon what happens if the judge denies a post-conviction claim: Another round of appeals if the case was filed in Missouri or Kansas state court.

In our last entry, we discussed the most frequently raised issue seen in post-conviction cases pending in Missouri, Kansas and in federal courts across the country (i.e., "29.15" motions in Missouri, "1507" motions in Kansas, and "2255" or "2254" motions in federal court). The issue is "ineffective assistance of counsel," as most prominently recognized in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the United States Supreme Court case around which so much of post-conviction litigation revolves.

In our last entry we examined the general parameters of the State post-conviction process. In this entry, we will summarize what issues post-conviction lawyers look to raise most when crafting "29.15" motions in Missouri and "1507" motions in Kansas.

In previous entries, we examined the "direct appeal" process. However, losing one's direct appeal does not mean all hope for overturning a conviction, or reducing a lengthy sentence, is lost.

In Part One earlier this month, the "direct appeal" process was defined and briefly - no pun intended - explained. In this entry, we will now focus on "direct appeal briefs."

Each state and the federal district court answers to a court of appeals which presides over the lower-level trial courts. All of these appellate courts implement similar processes to administer cases from filing through the final decision.

In Part One of this Blog, we considered the organization of the trial courts, appellate courts and post-conviction courts which comprise the criminal justice system. When diagramed, it looks like this:

How is the criminal justice system organized? If you lose your trial, how many appeals do you really have?

It is important to understand the administrative case potentially facing you. Earlier we discussed the criminal case as it pertains to driving under the influence of alcohol or drugs in the Kansas City area.