Post-Conviction Relief And Appealing A Criminal Case In Ohio

My name is Steve Palmer and I am a criminal defense attorney. I founded Palmer Legal Defense in Columbus to provide criminal defense services to clients throughout central Ohio, including post-conviction relief and appeals. If you have been convicted of a crime but you were wrongly convicted or your constitutional rights were violated, I can help you right that wrong.

Motions For Post-Conviction Relief

A motion for post-conviction relief alleges that a convicted defendant’s constitutional rights were violated. A motion for post-conviction relief can also be brought if new evidence has been discovered that could exonerate the defendant, such as DNA evidence or someone else admitting to the crime. A motion for post-conviction relief usually asks the court to reverse the defendant’s conviction.

Appealing A Criminal Case To The Ohio Court Of Appeals

In an appeal, you are asking that the Ohio Court of Appeals review the decisions and rulings of your criminal trial to determine if any errors were made in applying the law. You can also argue that the evidence presented did not support your conviction, or that the judge abused their judicial discretion. An appeal argues that your trial was unfair and that the ruling should be overturned.

How Is Post-Conviction Relief Different Than An Appeal?

In an appeal, you have to stick to the existing court record, which includes the pleadings and the transcripts of any court proceedings. You are not allowed to introduce additional evidence. In a motion for post-conviction relief, you can present anything that’s relevant to your argument, even if it wasn’t included in the original pleadings or court record. In a motion for post-conviction relief, the trial court can even consider new evidence and witness testimony in an evidentiary hearing. However, a motion for post-conviction relief cannot argue anything that could be argued in an appeal. For example, you cannot argue that the judge made an error applying the law, or that your conviction violated a rule or a statute.

With over 25 years of exclusively practicing criminal defense, there’s not much that I haven’t seen when it comes to criminal trials, post-conviction relief and appeals.

Do You Believe You Were Wrongly Convicted?

If you believe that you were wrongly convicted, contact my office by calling me at 614-224-6142 or by sending me an email through my online form.