Services

First Appeal

Direct Appeal (First Appeal)

Following a criminal conviction in state or federal district
court, the person convicted may wish to appeal. This is the
first appeal, called the "direct appeal" because it is a direct
challenge to the conviction. If the convicted person wishes to
appeal, the trial attorney has the obligation to file, within ten
days of the date the judgment and sentence is imposed, a
notice of appeal with the clerk of the trial court. Depending on
whether the appeal is in state or federal court, the trial
attorney has other obligations before she may be released
from the case. Ordinarily, it is not a good idea for the trial
attorney to handle the direct appeal.
Appeals in state cases are taken to the Oklahoma Court of
Criminal Appeals in Oklahoma City. There are five judges on
the court, and unless one or more disqualify themselves from
an appeal, all five vote on whether to grant or deny the appeal.
The decision is by majority vote. This is the one and only
direct appeal, and all issues that can be raised must be
raised, or they are "waived" and will not be considered by
other courts.
Appeals in federal cases are taken to the United States Court
of Appeals for the Tenth Circuit in Denver, Colorado. There
are currently twelve active judges on the court, and seven
senior judges (semi-retired judges who still hear cases). The
Circuit judges sit in three-judge panels and hear appeals,
deciding them by majority vote. On rare occasion, the entire
court -- all twelve active judges -- sit "en banc" to hear a case.
The issues raised on appeal depend on what the defense
attorney objected to at trial, and of course depend on the facts
of the particular case. Appellate courts almost never look
favorably on claims that witnesses lied, as they leave those
decisions to the jury or trial judge to make.
The direct appeal may be the most important step in the
entire appeals process.

Our Services

For our direct appeal representations, we provide
the following services:

Timely filing of the Petition In Error
(a jurisdictional prerequisite in state court)

Ensuring the court record is complete,
transcripts and the court record are
prepared and assembled and properly
and timely provided to the Court and
appellate counsel.

Complete and comprehensive review of
the trial court transcripts, court file, police
reports, trial attorney files, any laboratory
or expert reports, and any other materials
relevant to the case.

Interviews with the client, the trial attorney,
any witnesses willing to speak to appellate
counsel, any jurors willing to speak, and
anybody with information about the case.

Identification of issues for appeal, legal
research, writing of the appellate brief,
timely filing of the required number of
copies of the appellate brief, and
furnishing the client with a copy of the
brief.

Review of the State's responsive brief,
legal research of the State's argument,
and filing a Reply Brief if necessary.

In federal appeals, and in state appeals when
allowed, asking for oral argument, and
if granted, arguing the appeal before a panel
of the appellate judges.

Jackson & Presson
Attorneys
Norman Oklahoma
405.447.6637

Robert W. Jackson
Steven M. Presson