What Are the Most Common Ground for Criminal Appeal?

Written By: Matthew W. Peterson

Published: 03/07/2025

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Let’s explore the most common ground for criminal appeals in Massachusetts that might give you a chance for a second look at your case. Receiving an unfavorable verdict in a criminal case can be devastating, but it doesn’t always mean the end of your fight. Criminal appeals offer a path forward when legal mistakes have affected your case outcome. The Law Office of Matthew W. Peterson will help you guide and navigate what are the most common grounds for criminal appeals you can face if you have a criminal case!

Understanding What a Criminal Appeal Actually Is

First, it’s important to understand that an appeal isn’t a do-over of your entire case. Think of it more like a review of the legal process that took place, not the facts themselves.

When you file an appeal, you’re essentially saying, “The judge made legal mistakes that hurt my case.” You’re not asking to retry the whole case or challenge whether witnesses were believable – those ships have sailed. Instead, you’re pointing out specific legal errors that may have led to an unfair outcome.

Most Common Ground for Criminal Appeals

1. Incorrect Rulings on Evidence

One of the most common reasons for appeal is when a judge makes the wrong call about what evidence can be used in your case. This might happen when:

The judge allows evidence that should have been kept out (like evidence from an illegal search)
The judge prevents your attorney from introducing evidence that should have been allowed
Evidence was obtained without proper warrants or procedures

For example, if police searched your home without a warrant and found evidence, and the judge allowed that evidence despite your attorney’s objection, this could be grounds for an criminal appeal.

2. Mistakes in Legal Instructions to the Jury

Before a jury deliberates, the judge provides instructions about how to apply the law to your case. If these instructions were incorrect or incomplete, it might be grounds for a criminal appeal.

3. Prosecutor Misconduct

Sometimes prosecutors cross lines they shouldn’t during trial, especially during closing arguments. This might include:

Making statements not supported by evidence
Appealing to prejudice or emotion rather than facts
Commenting on your decision not to testify
Misrepresenting evidence or testimony

4. Insufficient Evidence

An appeal might succeed if the prosecution simply didn’t present enough evidence to support each element of the crime you were convicted of. This isn’t about whether witnesses were believable, but whether there was any evidence at all for each part of the charge.

5. Ineffective Assistance of Counsel

If your trial attorney made serious mistakes that no reasonable attorney would have made, and these mistakes likely affected the outcome of your case, you might have grounds for appeal.

The Importance of "Preserving" Issues for Appeal

Here’s something crucial to understand: in most cases, your trial attorney needed to object or raise issues during the original trial for those issues to be considered on appeal. This is called “preserving” the issue.

If your attorney objected to something improper during your trial, the appeals court will look at whether:

The judge made an error
That error likely affected your case outcome

If no objection was made, the standard becomes much tougher. The appeals court will only overturn your case if the error created a “substantial risk of a miscarriage of justice” – meaning the mistake was so serious it likely led to the wrong outcome.

Time Is Critical

If you’re considering an appeal, you need to act quickly. In Massachusetts, under Massachusetts Rules of Appellate Procedure Rule 4(b), you generally have 30 days from the entry of judgment or sentence to file a notice of appeal in criminal cases. However, if you file a motion for a new trial under Massachusetts Rules of Criminal Procedure 25(b)(2) or 30, this timeline may be extended until 30 days after the court rules on that motion.

Missing these deadlines could mean losing your right to appeal entirely.

If you believe legal errors impacted your case, reach out to an experienced appellate attorney as soon as possible. A skilled attorney can review your case, identify potential grounds for appeal, and help you understand your chances of success.

Remember, while criminal appeals aren’t easy to win, they do offer hope when legal mistakes have compromised your right to a fair process. Time is critical—act now! Contact our experienced appellate attorneys in Boston or Salem to discuss your case and protect your right to appeal.