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Massachusetts Criminal Appeals

A conviction is not the end of the process: it's the point at which the written record becomes the case. This page explains what a criminal appeal is, who may have grounds, and what the process looks like in Massachusetts.

What a criminal appeal is.

A criminal appeal asks a higher court, in Massachusetts typically the Appeals Court and in some cases the Supreme Judicial Court directly, to review whether legal error occurred during the trial court proceedings. An appeal is not a new trial and does not reweigh the facts a jury or judge already decided. It asks a narrower, more exacting question: was the law correctly applied, and was the process the defendant received consistent with what the law requires.

That narrower question is precisely why the brief matters so much. The appellate court's understanding of the case comes almost entirely from the written record and the arguments made about it, not from a fresh telling of the story.

Every case is different, and not every conviction presents a viable ground for appeal. The categories below are among the more common starting points for that analysis.

Evidentiary error
Evidence that should have been excluded was admitted, or evidence that should have been admitted was excluded, in a way that affected the outcome.
Ineffective assistance of counsel
Trial counsel's performance fell below the standard the law requires, and that failure affected the outcome of the case.
Jury instruction error
The instructions given to the jury misstated the law or omitted an instruction the defense was entitled to.
Sufficiency of the evidence
The evidence presented at trial, even viewed in the light most favorable to the Commonwealth, was not enough to support a conviction.
Sentencing error
A sentence was imposed in a manner inconsistent with statutory or constitutional requirements.
First
Notice of appeal & record assembly
A notice of appeal is filed within the required deadline, and the trial court record, including transcripts, exhibits, and docket entries, is assembled and reviewed in full.
Next
Case evaluation
The full record is analyzed to identify preserved, viable issues: the ones with genuine legal grounding, not simply points of disagreement with the outcome.
Then
Brief writing
The appellant's brief is drafted, argued, and refined: the single most consequential document in the appeal.
Then
Response & reply
The Commonwealth files its response brief, and a reply brief is prepared addressing its arguments directly.
Finally
Oral argument & decision
If scheduled, oral argument is presented before the panel. The court then issues a written decision, which may take several months.

The brief is not a summary of the case. It is the argument itself.

Appellate judges decide cases substantially on the strength of the written submissions before them. A brief that is clear, precisely reasoned, and grounded in the record does more to move a case forward than volume of argument or rhetorical force. That is the discipline this practice is built around: treating the brief as the primary work product, not a formality on the way to oral argument.

Not every conviction presents grounds for appeal, and outcomes depend on the specific record in each case. Nothing on this page should be read as a prediction or guarantee about any particular matter. The most reliable way to understand whether your case presents a viable appeal is a direct conversation about the record. If your appeal has already concluded, post-conviction relief may still be available.

If you're considering an appeal, the right next step is a conversation about your record.

Discuss Your Case 774-260-8943
Not sure if you have grounds to appeal? Start here.