"Serving clients in all litigation after state criminal trials, all across Virginia!"
The appellate process for felony convictions is generally the first
opportunity to remedy errors and injustices from a circuit court trial. This
process is also referred to as the "direct appeal."
Criminal convictions are first appealed to the Court of Appeals of Virginia.
That Court's decisions may thereafter be appealed to the Supreme Court
of Virginia.
Other than rare and narrow exceptions, the only issues that can be raised
on direct appeal are those issues that were properly raised in circuit court
and at the proper time. Objections and other motions that should have
been raised to the trial court, but were not, may not be complained of until
the later habeas corpus process is allowed to be filed.
Generally, the more litigation conducted at circuit court, the more issues
are available to be raised on direct appeal. Jury trials tend to have the
most available direct appeal issues. After jury trials, bench trials on a not
guilty plea tend to contain the next most fertile ground for direct appeal
issues. Guilty pleas rarely have issues that have reasonable hope for
success of direct appeal. (See "Habeas Corpus" page for more likely
possibilities for seeking post-trial success.)
The direct appeal process can have many phases to the case. The first
decision of the Court of Appeals is generally to decide whether to "grant"
the petition for appeal. This is also referred to as whether to "award" an
appeal. If the Court initially sees no merit in the appellate issues raised,
one Judge of the Court of Appeals will produce a detailed order denying
the petition for appeal. Then a request can be made for three Judges to
review that appellate case. If no success after those efforts, the case can
be appealed to the Supreme Court of Virginia.
If justification for it, a petition for rehearing or for the entire Court ("en
banc") to hear the case may be requested (by additional petition).
If any one of these appellate Judges considers an appellate issue to have
reasonable merit, the case moves up to the next level as a "granted" or
"awarded" appeal. From that point forward, an attorney from the
Attorney General's office becomes the opposing counsel. Additional briefs
must be filed. Thereafter, Court will issue a written opinion on the merits
of the case.
Decisions of the Court of Appeals may be appealed to the Supreme Court
of Virginia. The standard to meet is more difficult on that second level of
a direct appeal.
To attain a reversal by an appellate court, the error (that was properly
objected to in the circuit court) must be more than "harmless error."
Appellate reversals are not easily obtained. Most attorneys who have
handled direct criminal appeals have never attained a reversal. Of the
many which Andrew Wiggin has been blessed to obtain for his clients, the
most recent was in December of 2007.
Your calls are welcome to discuss your case or that of your loved one.
opportunity to remedy errors and injustices from a circuit court trial. This
process is also referred to as the "direct appeal."
Criminal convictions are first appealed to the Court of Appeals of Virginia.
That Court's decisions may thereafter be appealed to the Supreme Court
of Virginia.
Other than rare and narrow exceptions, the only issues that can be raised
on direct appeal are those issues that were properly raised in circuit court
and at the proper time. Objections and other motions that should have
been raised to the trial court, but were not, may not be complained of until
the later habeas corpus process is allowed to be filed.
Generally, the more litigation conducted at circuit court, the more issues
are available to be raised on direct appeal. Jury trials tend to have the
most available direct appeal issues. After jury trials, bench trials on a not
guilty plea tend to contain the next most fertile ground for direct appeal
issues. Guilty pleas rarely have issues that have reasonable hope for
success of direct appeal. (See "Habeas Corpus" page for more likely
possibilities for seeking post-trial success.)
The direct appeal process can have many phases to the case. The first
decision of the Court of Appeals is generally to decide whether to "grant"
the petition for appeal. This is also referred to as whether to "award" an
appeal. If the Court initially sees no merit in the appellate issues raised,
one Judge of the Court of Appeals will produce a detailed order denying
the petition for appeal. Then a request can be made for three Judges to
review that appellate case. If no success after those efforts, the case can
be appealed to the Supreme Court of Virginia.
If justification for it, a petition for rehearing or for the entire Court ("en
banc") to hear the case may be requested (by additional petition).
If any one of these appellate Judges considers an appellate issue to have
reasonable merit, the case moves up to the next level as a "granted" or
"awarded" appeal. From that point forward, an attorney from the
Attorney General's office becomes the opposing counsel. Additional briefs
must be filed. Thereafter, Court will issue a written opinion on the merits
of the case.
Decisions of the Court of Appeals may be appealed to the Supreme Court
of Virginia. The standard to meet is more difficult on that second level of
a direct appeal.
To attain a reversal by an appellate court, the error (that was properly
objected to in the circuit court) must be more than "harmless error."
Appellate reversals are not easily obtained. Most attorneys who have
handled direct criminal appeals have never attained a reversal. Of the
many which Andrew Wiggin has been blessed to obtain for his clients, the
most recent was in December of 2007.
Your calls are welcome to discuss your case or that of your loved one.
Andrew G. Wiggin, P.C.
Felony Appeals
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www.post-trial-litigation.com
(757) 333-7539
(757) 333-7539
Disclaimer: The information provided on this website is not legal advice. Accessing the information on
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons
may contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G.
Wiggin does not serve as counsel of record in federal courts, nor give legal advice on representation in
federal litigation, although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons
may contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G.
Wiggin does not serve as counsel of record in federal courts, nor give legal advice on representation in
federal litigation, although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.