Attorney and Counsellor at Law

Collateral, or post-conviction, review is available to a criminal defendant following a trial or after the entry of a plea. However, a post-conviction proceeding is not a second appeal. It is generally a review of your case for any mistakes made by your former defense counsel rather than the trial judge and any misconduct by the State.

A movant for post-conviction relief based on a claim of ineffective assistance of counsel must convince the court of two things: 1) that former defense counsel’s legal representation was deficient by some act or omission and 2) that without counsel’s mistake there is a reasonable probability that the outcome of the case would have been different.

An appeal is a review of a judgment and sentence by a higher court for any mistakes made by the trial judge. Although there are limited exceptions, a direct appeal is generally not available to a criminal defendant who waives the right to a trial and instead enters a guilty or nolo contendere (no contest) plea.

An appeal is not a second trial, and the appeals court will not consider any new evidence. It is only a review of what actually happened, not what you wish had happened, at your trial. As the complaining party, you must convince the appellate court of two things: 1) that there were one or more judicial errors in your trial and 2) that you were harmed, or prejudiced, by the error(s).

407.856.1925

Law Office of Paula C. Coffman

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"Next to life itself, there is

nothing more important than freedom."

What is collateral

(post-conviction) review?

What is a direct appeal?

​Other Areas of Practice

• Extraordinary Relief
  
• Sentence Reduction or Correction
• Probation Termination or Modification
  
• Violation of Probation
  
• Executive Clemency
• Injunctions