Rigorous appellate advocacy for clients challenging convictions, sentences, and denials of post-conviction relief in Massachusetts and New Hampshire.
A criminal appeal is a legal proceeding in which a higher court reviews the decisions made by a trial court to determine whether legal errors occurred that affected the outcome of your case. Unlike a trial, an appeal does not involve new evidence or witness testimony. Instead, the appellate court examines the existing trial record — transcripts, motions, rulings, and exhibits — to decide whether the law was correctly applied.
If you were convicted of a crime in Massachusetts or New Hampshire, an appeal may be your best opportunity to have that conviction or sentence overturned. But appellate work demands a specific skillset: the ability to analyze a complex record, identify meritorious legal issues, and present them persuasively in writing. That is what I do.
Criminal appeals are the core of my practice. I spent years as a prosecutor — first handling felonies in New Hampshire, then managing complex white collar investigations at the Massachusetts Attorney General's Office. That experience taught me exactly how the prosecution builds its case, where the pressure points are, and where errors are most likely to occur.
Now, as a defense-side appellate attorney, I use that knowledge to deconstruct trial records and identify the issues that appellate courts care about. Every case begins with a thorough review of the entire trial record, followed by independent legal research. I do not take shortcuts, and I do not file boilerplate briefs. Each argument is built from the ground up, tailored to the specific facts and legal issues in your case.
Understanding how the appellate process works is essential to making informed decisions about your case. Here is a general overview of the steps involved in a Massachusetts criminal appeal:
A notice of appeal must be filed within 30 days of sentencing. This is a strict deadline, and missing it can forfeit your right to a direct appeal.
The trial court record, including transcripts of all proceedings, filed motions, and court orders, is assembled and transmitted to the Appeals Court.
The appellant prepares a record appendix containing the key documents the appellate court will need to review the issues raised.
This is the most critical document in the appeal. The brief identifies the legal errors, explains why they require reversal, and supports each argument with citations to the record and legal authority.
The prosecution files a response brief defending the conviction and arguing that any errors were harmless.
The appellant may file a reply brief addressing new arguments raised by the Commonwealth.
In some cases, the Appeals Court or Supreme Judicial Court will schedule oral argument, giving both sides the opportunity to present their positions and answer the judges' questions.
The court issues a written opinion affirming, reversing, or vacating the conviction or sentence. In some cases, the court may remand the case for a new trial or resentencing.
Not every trial error warrants reversal. Appellate courts apply different standards of review depending on the type of issue raised. The most effective appeals focus on errors that are both legally significant and supported by the record. Common categories include:
Under both the Sixth Amendment and Article 12 of the Massachusetts Declaration of Rights, you are entitled to effective representation at trial. If your trial attorney's performance fell below an objective standard of reasonableness — and that deficiency prejudiced the outcome — you may have grounds for relief. Examples include failing to investigate key witnesses, failing to file critical pretrial motions, giving incorrect advice about plea consequences, or making catastrophic strategic errors.
Trial courts make evidentiary rulings throughout the course of a trial — deciding what evidence the jury can and cannot consider. If the court improperly admitted prejudicial evidence (such as prior bad acts or unreliable expert testimony) or improperly excluded evidence favorable to the defense, those rulings may be challenged on appeal.
Even if the conviction itself is upheld, the sentence imposed may be subject to appellate review. Sentencing errors include imposing a sentence that exceeds the statutory maximum, failing to consider required mitigating factors, relying on inaccurate information at sentencing, or imposing conditions that are not authorized by law.
Constitutional errors can arise at every stage of a criminal case. Common constitutional issues on appeal include unlawful searches and seizures under the Fourth Amendment, coerced confessions or Miranda violations under the Fifth Amendment, denial of the right to confront witnesses under the Sixth Amendment, and due process violations under the Fourteenth Amendment. Massachusetts courts also provide independent protections under the state constitution that sometimes exceed federal standards.
A conviction must be supported by evidence sufficient for a rational trier of fact to find each element of the offense beyond a reasonable doubt. If the Commonwealth's evidence, viewed in the light most favorable to the prosecution, fails to meet this standard, the conviction cannot stand.
It is important to understand the distinction between a direct appeal and post-conviction relief, as they serve different purposes and involve different procedures.
A direct appeal is filed after sentencing and challenges errors that occurred during the trial proceedings. It is based on the existing trial record and must be filed within the applicable deadline (typically 30 days in Massachusetts).
Post-conviction relief encompasses a range of procedures available after the direct appeal process has concluded. The most common vehicle in Massachusetts is a motion for new trial under Rule 30(b) of the Massachusetts Rules of Criminal Procedure. This motion can raise issues that were not, or could not have been, raised on direct appeal. These include newly discovered evidence that was unavailable at the time of trial, ineffective assistance of trial counsel raised for the first time, ineffective assistance of appellate counsel, constitutional violations that require evidence outside the trial record, and changes in the law that apply retroactively. Because post-conviction proceedings allow the court to consider facts beyond the four corners of the trial record, they often provide the only meaningful path to relief when the basis for a claim was not apparent during the original proceedings.
I handle both direct appeals and post-conviction matters, and I can advise you on which pathway is most appropriate for your situation.
A motion for new trial under Rule 30(b) is one of the most powerful tools available in Massachusetts criminal law. Unlike a direct appeal, a motion for new trial allows you to present new evidence and raise issues that go beyond the four corners of the trial record.
These motions are particularly valuable when the basis for relief involves facts that were not known at the time of trial — for example, recanting witnesses, forensic evidence that has been discredited, or evidence of prosecutorial misconduct that was not disclosed to the defense. They also provide the primary vehicle for raising ineffective assistance of counsel claims that require an evidentiary hearing.
I approach motions for new trial with the same rigor I bring to appellate briefs: thorough investigation, meticulous legal research, and persuasive written advocacy.
I know how the other side thinks because I spent years on that side. As a former felony prosecutor and Assistant Attorney General, I understand the strategies prosecutors use and where their cases are vulnerable. That perspective is invaluable when identifying the pressure points in a trial record and crafting arguments that resonate with appellate judges.
Criminal appeals are not a sideline for me. This is my primary practice area, and I bring the specialized research, writing, and advocacy skills that appellate work demands. Appellate law requires a fundamentally different approach than trial work, and I have built my practice around that distinction.
I am admitted to practice in Massachusetts, New Hampshire, and the U.S. District Court for the District of Massachusetts, giving me the ability to handle appeals at the state and federal level.
Every appeal begins with a comprehensive review of the entire trial record. I do not rely on summaries or shortcuts. I read every transcript, every motion, and every ruling to identify the strongest issues for appeal.
I keep my clients informed at every stage of the process and make sure they understand the legal issues, the timeline, and the realistic prospects for their appeal. You will never be left wondering where things stand.
In Massachusetts, you generally have 30 days from the date of sentencing to file a notice of appeal in a superior court case. For district court cases, the deadline is also 30 days. Missing this deadline can severely limit your options, though post-conviction remedies such as motions for new trial may still be available in certain circumstances. Contact an appellate attorney as soon as possible after your conviction to preserve your rights.
Common issues raised on appeal include ineffective assistance of counsel, evidentiary errors (such as improperly admitted or excluded evidence), sentencing errors, constitutional violations (including Fourth Amendment search and seizure issues, Fifth Amendment self-incrimination violations, and Sixth Amendment right-to-counsel issues), prosecutorial misconduct, insufficient evidence to support the conviction, and improper jury instructions. The strongest appeals identify specific, preserved legal errors that affected the outcome of the trial.
A direct appeal challenges errors in the trial record and must be filed within 30 days of sentencing. Post-conviction relief, including motions for new trial under Rule 30(b), can be filed later and raises issues outside the trial record — such as newly discovered evidence or ineffective assistance of counsel. Each pathway has different procedural requirements and standards of review.
Yes, in certain circumstances. While a guilty plea waives many appellate rights, you may still challenge the voluntariness of your plea, the legality of your sentence, or the effectiveness of your attorney's advice regarding the plea. If your attorney failed to inform you of critical consequences — such as immigration consequences or sex offender registration — that may also be grounds for relief.
A typical appeal in the Massachusetts Appeals Court takes 12 to 18 months from filing the notice of appeal to a decision. Cases before the Supreme Judicial Court may take longer. The process involves ordering transcripts, assembling the record, briefing, and potentially oral argument. Motions for new trial at the trial court level can sometimes be resolved more quickly.
Appellate attorneys specialize in legal research, persuasive writing, and identifying legal errors in trial court proceedings. While trial attorneys focus on witness examination and jury persuasion, appellate attorneys analyze the trial record, draft detailed legal briefs, and present oral arguments to panels of judges. The skillset is fundamentally different — appellate work is research-intensive and writing-driven.