Circuit Court of West Virginia Criminal Appellant Attorney If you need to appeal a criminal conviction in West Virginia for a Judgment through the Circuit Court in West Virginia you need an expe rienced appellate lawyer. There are fifty five (55) counties in West Virginia, thirty one (31) Circuit Courts and seventy (70) Circuit Court Judges who preside over those counties.
If you, or a loved one, have been convicted of a crime in any of the thirty one Circuit Courts or you have questions regarding rights re garding the appeal a criminal conviction, you to speak with an experienced criminal defense attorney. Call the Wolfe Law Firm for a free consultation regarding your appellant rights at 1-877-637-5756.
There are many grounds for appealing a West Virginia Criminal Circuit Court Judgment including:
- Improper evidence admitted during trial
- Exclusion of evidence
- Insufficient evidence
- Jury Misconduct
- Prosecutor Misconduct
- Misapplication of Sentencing Statute
- Improper Jury Instruction
If you have been convicted of a crime, an attorney can file post verdict motions to test the validity of Judgment. Pursuant to Rule 29(c)of the West Virginia Rules of Criminal Procedure a defendant can file a Motion of Judgment of Acquittal. The rule provides as follows:
“If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within ten days after the jury is discharged”.
What are the possible remedies if I win my Criminal Appeal in West Virginia.
Unlike television, not all criminal convictions are overturned on appeal. In West Virginia, the Supreme Court of Appeals has consistently granted appeal in approximately 20% of criminal convictions. Of that 20 percent, only a small number of cases has resulted in a reversal of Judgment. The West Virginia Supreme Court can order that a case be re-tried, that the Circuit Court examine new evidence or accept testimony from witnesses. However, the job of the Appellate Court is only to review the proceedings, examine them for possible legal errors or to verify that a person’s constitutional rights were upheld during the proceedings.
However, an appellant court’s job, is only to review the proceedings below and examine for any possible legal errors or that a person’s constitutional rights were affected in the proceedings.
A defendant who is convicted of a crime in a West Virginia Circuit Court may wish to file a Motion for a New Trial pursuant to Rule 33 of the West Virginia Rules of Criminal Procedure. The Court, on motion from a defendant, may grant a new trial in the interest of Justice. A motion for a new trial based on any other grounds shall be made within 10 days of entry of verdict or the finding of guilt or within such further time set by the Court during that ten day period.
In 2010, the Supreme Court of West Virginia finalized and set forth the revised rules governing appellate procedure. The revised rules set out a number of procedural changes that differed from the previous rules. Under the revise d rules, a Notice of Appeal must be filed with the Clerk of the Supreme Court within thirty days of the entry of an Order of Judgment. After an appeal is docketed, a Scheduling Order will be entered. This Scheduling Order will set forth the deadlines for transcripts, motions and other preliminary matters. Normally, most cases allow four months before the filing of the Petitioner’s Brief and Appendix must be filed.
Other extraordinary remedies can be brought to appeal a Circuit Court’s decision.
Throughout the history of West Virginia, the West Virginia Supreme Court has had a low percentage of granted Petitions for Appeal, however, with a review of our appellant process and the push for an intermediate Court of Appeals, this trend should be changing. Given the high stakes that a criminal conviction carries, you need an experienced criminal defense attorney who has handled appeals of criminal convictions before the West Virginia Court of Appeals.
The Attorneys at the Wolfe Law Firm have experience in protecting the rights of citizen in Randolph County Circuit Court (Elkins), Barbour County Circuit Court (Phillipi), Upshur County Circuit Court (Buckhannon), Lewis Count y Circuit Court (Weston), Tucker County Circuit Court (Parsons), Harrison County Circuit Court (Clarksburg), Pocahnontas County Circuit Court (Marlinton), Webster County Circuit Court (Webster Springs), Preston County Circuit Court (Kingwood), Pendleton County Circu it Court (Franklin), and the Taylor County Circuit Court (Grafton).