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Criminal Appeals Attorney in Indianapolis, IN

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.

Why Choose Us

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.

About RileyCate

A direct appeal generally must be initiated within 30 days of the entry of final judgment, which in most cases means 30 days from sentencing. This deadline is strictly enforced, and missing it generally forfeits the right to a direct appeal. It’s important to speak with an attorney as soon as possible after sentencing if you’re considering an appeal.
A direct appeal reviews the existing trial record for legal errors and must be filed within 30 days of sentencing, while post-conviction relief is a separate proceeding, filed after the direct appeal concludes, that addresses issues outside the trial record, like ineffective assistance of counsel or newly discovered evidence. Post-conviction relief doesn’t have the same strict filing deadline, though unreasonable delay can still create legal risk. An attorney can help you understand which process fits your specific situation.
A direct appeal generally addresses errors that appear in the existing trial record, such as improperly admitted or excluded evidence, incorrect jury instructions, insufficient evidence to support a conviction, or an unreasonable sentence. Issues that require evidence outside the trial record, like a claim about your trial attorney’s performance, generally need to be raised through post-conviction relief instead. An attorney can help you identify which category your strongest issues fall into.
Claims of ineffective assistance of counsel are generally raised through post-conviction relief rather than a direct appeal, since they typically require evidence outside the existing trial record to establish what your attorney did or didn’t do and why. This is one of the most common reasons people pursue post-conviction relief after a direct appeal has concluded or after choosing not to file one. An attorney can help evaluate whether this kind of claim applies to your case.
Indiana doesn’t impose a strict filing deadline for post-conviction relief the way it does for a direct appeal, but waiting too long can expose your petition to defenses like laches, and evidence and witness memories can fade over time regardless of the legal deadline. It’s generally best to pursue post-conviction relief as soon as it’s a realistic option rather than treating the lack of a strict deadline as a reason to delay. An attorney can help you understand the practical timing considerations for your case.
No, post-conviction relief generally can’t begin until your direct appeal has concluded, or if you didn’t file a direct appeal at all. This sequencing exists because post-conviction relief is meant to address issues that couldn’t have been resolved through the direct appeal process. An attorney can help you understand where your case currently stands in that sequence.
A guilty plea generally limits what can be raised on direct appeal, since many trial-related issues are waived by pleading guilty, though certain sentencing issues and, in some circumstances, the validity of the plea itself may still be challengeable. Post-conviction relief is often the more relevant path for someone who pleaded guilty and later has concerns about how the case was handled. An attorney can help you understand what options remain available after a guilty plea.
Newly discovered evidence is generally addressed through post-conviction relief rather than a direct appeal, since a direct appeal is limited to the existing trial record. To succeed, the evidence typically needs to be genuinely new, material to the outcome, and not something that could have been discovered earlier with reasonable diligence. An attorney can help evaluate whether evidence you’ve become aware of meets this standard.

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.

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