Some of the most important work in a trial happens before the proceedings even open. The pre-trial phase is filled with legal motions and important decisions made regarding evidence. This also means it is an area that may offer opportunities for appeal. For example…

• The motion to suppress evidence: The police have an obligation under the Fourth Amendment to the U.S. Constitution to conduct their searches for evidence under strict rules and procedures. When those aren’t followed—such as conducting a home search without the owner’s consent or a warrant from a judge—that means any evidence obtained from that search is illegal and, therefore inadmissible in court. If a defense lawyer’s motion to suppress this evidence was wrongfully denied, an appellate judge could overrule that. 
• Prosecutorial misconduct: The legal defense team has the right to know what evidence will be presented by the prosecution and what witnesses will be called. The “surprise” introduction of evidence might make for a good storyline in TV crime dramas, but it is not the real world. If a prosecutor fails to inform the defense of the evidence that will be introduced, that is most certainly grounds for appeal. 
• Juror misconduct: Defendants have a right to have their cases ruled on by an impartial jury, one that is unfamiliar with the case other than what they are presented with at trial. What if a juror lied to the court about their background, thus seeking to present themselves as impartial when they really weren’t? What if they had outside communication with someone during the trial? These are grounds for appeal. 

There are several other grounds for appeal. They all come back to a basic recognition that the outcome of a trial may well have been determined by incorrect rulings of what evidence could be seen, how it could be presented, and who was ruling on it. 

How Long Do I Have to File an Appeal in Arkansas?

In the state of Arkansas, the timeline for filing an appeal will depend on the specific type of case and the court where the case was heard. In general, the Arkansas Rules of Appellate Procedure mandates that a notice of an appeal will need to be filed within 30 days of the entry of the judgment or order being appealed. Failure to file a notice of appeal by the deadline can result in waiving your right to appeal. To ensure that you meet all deadlines and comply with legal regulations, you should consult with an experienced criminal appeals attorney, such as Omar F. Greene, as soon as possible if you are considering filing an appeal in Arkansas.