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A criminal conviction or sentence doesn’t have to be the final word. Criminal appeals cover direct appeals of a conviction or sentence, as well as post-conviction relief, a separate process that addresses issues outside the trial record, like ineffective assistance of counsel or newly discovered evidence, after a direct appeal has concluded. These are two distinct paths with different rules, different deadlines, and different strategic considerations.
A direct appeal generally must be initiated within 30 days of the entry of final judgment, which in most criminal cases means 30 days from sentencing, under the same Indiana Appellate Rule 9 framework that governs civil appeals. A direct appeal reviews the trial court record for legal errors, such as improperly admitted evidence, incorrect jury instructions, or an unreasonable sentence, and is heard by a three judge panel of the Indiana Court of Appeals, with a further, discretionary petition to transfer available to the Indiana Supreme Court. Missing the direct appeal deadline generally forfeits that right, which makes prompt action after a conviction critical.
Post-conviction relief, often called PCR, is a separate proceeding that can only begin once a direct appeal has concluded, or if no direct appeal was filed. Unlike a direct appeal, Indiana doesn’t impose a strict filing deadline for post-conviction relief, though waiting too long can expose a petition to defenses like laches, so delay still carries real risk. A PCR petition is filed in the same trial court that handled the conviction and generally addresses issues that couldn’t have been raised on direct appeal, such as a claim that trial counsel’s performance fell below professional standards or that new evidence has since come to light.
Criminal appeals require both trial-tested judgment about what actually went wrong at trial and the appellate skill to present that issue persuasively to a reviewing court. Will Riley and Russell Cate lead our criminal appeals team. Russell Cate is recognized as a Super Lawyer with appellate litigation experience alongside Will Riley before both the Indiana Court of Appeals and the Indiana Supreme Court, giving our clients real appellate depth alongside decades of criminal trial experience. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested credibility.
Will and Russell personally oversee every appeal we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so your case receives careful, thorough review at every stage.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you or a loved one is considering appealing a criminal conviction or sentence, the 30 day deadline for a direct appeal moves quickly, so reaching out promptly matters. We offer a consultation to review your case and explain whether a direct appeal, post-conviction relief, or both may be available to you. Reach out to RileyCate today to speak with a criminal appeals attorney.
