Indiana Criminal Appeals Attorneys

In Indiana, anyone convicted of a crime has the right to appeal their conviction to the Indiana Court of Appeals and to eventually seek review by the Indiana Supreme Court. The appellate courts can review legal mistakes that may have occurred at trial. The courts can also consider whether the evidence offered at trial is sufficient to support a criminal conviction. And, according to court rules and the Indiana Constitution, the appellate courts can also look at whether a criminal sentence is appropriate or too strict.

An Indiana criminal appellate attorney can help you determine whether an appeal of your conviction or sentence might be successful. However, timing is of the essence. In most cases, you must begin your appeal within 30 days of being sentenced by the trial court. If you have missed this 30-day deadline, Indiana law does contain another procedure that may still permit a criminal defendant to file a belated appeal of his or her conviction.

After the appeal process has begun, a lawyer will start to obtain transcripts and evidence from trial and pre-trial hearings. Your lawyer will then discuss the case with you and potential appellate issues before filing a brief with the Indiana Court of Appeals.

After your brief is filed, the state of Indiana (representing the prosecutor) has approximately 30 days to file a brief in the response. Finally, your attorney has 15 days to file a reply brief that addresses the state’s arguments.

The Court of Appeals will then consider all of the briefs, the trial transcripts, and other documents in the court record. In some cases, the Court of Appeals will direct the parties to appear for oral argument in front of a panel of three appellate judges.

After considering all of the arguments, the Court of Appeals will issue a written opinion explaining its decision in the case. The Court of Appeals can affirm or reverse all or part of a criminal conviction or sentence.

If you disagree with the decision of the Court of Appeals, you have the option to ask the Indiana Supreme Court to review the case as well. The state of Indiana also has the option to ask the Indiana Supreme Court to review a decision of the Court of Appeals. In most cases, the Indiana Supreme Court has discretion to decide whether to accept a criminal case for review.

At Harper and Harper, LLC, our attorneys have experience handling criminal appeals in the Indiana Court of Appeals and Indiana Supreme Court. They recognize the importance of carefully reviewing all of the evidence in each case and consulting closely with clients and their trial attorney to identify issues to raise on appeal.

Common Grounds For A Criminal Appeal

Not every unfavorable outcome can be appealed — an appeal must point to a specific legal error or to a sentence that is inappropriate. Common grounds we evaluate include:

Improper admission or exclusion of evidence
Incorrect or misleading jury instructions
Prosecutorial misconduct
Ineffective assistance of trial counsel
Insufficient evidence to support the conviction
Sentencing errors or an inappropriate sentence

Direct Appeals, Belated Appeals And Post-Conviction Relief

Most appeals begin as a direct appeal of the trial record, started within 30 days of sentencing. If that deadline has passed, Indiana’s Post-Conviction Rule 2 may permit a belated appeal in limited circumstances. And when an issue falls outside the trial record — such as newly discovered evidence or ineffective assistance of counsel — it is usually raised through a separate petition for post-conviction relief. We help clients identify which of these procedures applies to their situation and pursue it on the right timeline.

The Indiana Criminal Appeals Process, Step By Step

A direct criminal appeal moves through a defined sequence of steps. Understanding the process helps explain why an appeal takes time and why each deadline matters:

File the Notice of Appeal (within 30 days of sentencing). This is the strict deadline that starts your appeal. Missing it can permanently forfeit your right to a direct appeal.
Assemble the record. Your appellate attorney orders the trial transcripts and the clerk’s record from the trial court — every document, exhibit, and word of testimony the appellate court will review.
File the Appellant’s Brief. Your attorney writes the opening brief, identifying the legal errors and arguing why they require reversal, a new trial, or a new sentence.
The State responds. The State (representing the prosecution) has roughly 30 days to file its responding brief defending the conviction.
File a Reply Brief. Your attorney then has about 15 days to file a reply addressing the State’s arguments.
Oral argument (in some cases). The Court of Appeals may ask the lawyers to appear before a three-judge panel to answer questions.
The written opinion. The court issues a written decision that can affirm, reverse, or modify all or part of the conviction or sentence.

If you disagree with the Court of Appeals, you can ask the Indiana Supreme Court to review the case through a petition to transfer, though the Supreme Court generally has discretion over which cases it accepts.

Challenging An Inappropriate Sentence (Appellate Rule 7(B))

Not every appeal is about a trial error. Under Indiana Appellate Rule 7(B), the appellate courts can review whether a sentence is inappropriate in light of the nature of the offense and the character of the offender — even when the trial court followed the correct procedure. These sentence-review arguments are difficult and the appellate courts are deferential to trial judges, but for some defendants a Rule 7(B) challenge is the strongest available issue. An experienced appellate attorney can assess whether your sentence is a realistic candidate for revision.

How Long Does A Criminal Appeal Take In Indiana?

There is no fixed timeline, but most direct appeals take several months to well over a year from the Notice of Appeal to the written opinion. The biggest variables are how long it takes to prepare the trial transcripts, the briefing schedule (and any extensions), whether the court holds oral argument, and the court’s own caseload. Because the 30-day deadline to start the appeal is unforgiving, the most important thing you can do is contact an appellate attorney quickly after sentencing — even while the rest of the process unfolds over many months.

Discuss Your Appeal With Our Team

If you believe that you may have grounds to appeal a conviction, want to challenge a sentence, or are facing the aftermath of a probation revocation, contact our office at 219-762-9538 or reach out online to discuss your case. Because the deadline to file is only 30 days from sentencing, please do not wait.

Frequently Asked Questions

How long do I have to file a criminal appeal in Indiana?

In Indiana, you must file a Notice of Appeal within 30 days of the date of sentencing. This deadline is strictly enforced, and missing it can result in the permanent loss of your right to appeal. Contact an attorney immediately after sentencing if you are considering an appeal.

What are common grounds for a criminal appeal in Indiana?

Common grounds include errors in the admission or exclusion of evidence, improper jury instructions, prosecutorial misconduct, ineffective assistance of counsel, sentencing errors, and insufficient evidence to support the conviction. An appellate attorney will review your case to identify the strongest arguments.

Can new evidence be presented on appeal?

Generally, no. An appeal is based on the record from the trial court, meaning the court of appeals reviews what happened during the trial proceedings. New evidence is typically not considered on appeal. However, there are limited post-conviction remedies that may allow for the introduction of new evidence in certain circumstances.

What is the difference between a direct appeal and post-conviction relief?

A direct appeal challenges legal errors that appear in the trial record and must be started within 30 days of sentencing. Post-conviction relief (PCR) is a separate, later proceeding used to raise issues that fall outside the trial record -- such as newly discovered evidence or ineffective assistance of counsel -- after the direct appeal is over. The two have different rules and deadlines, and an attorney can advise which path fits your situation.

What happens if I missed the 30-day deadline to appeal?

Missing the 30-day deadline does not always end your options. Indiana's Post-Conviction Rule 2 allows a defendant, in certain circumstances, to seek permission to file a 'belated' appeal -- generally where the delay was not your fault and you have been diligent. These requests are decided case by case, so it is important to speak with an appellate attorney as soon as possible.

Can I appeal a sentence I believe is too harsh?

Yes. In addition to challenging legal errors, Indiana's appellate courts can review whether a sentence is inappropriate in light of the nature of the offense and the character of the offender under Appellate Rule 7(B). While these challenges are difficult, an experienced appellate attorney can assess whether your sentence is a strong candidate for review.

How long does a criminal appeal take in Indiana?

There is no fixed timeline, but most direct appeals take several months to well over a year from the Notice of Appeal to the written opinion. The length depends on how long it takes to prepare the trial transcripts, the briefing schedule and any extensions, whether the court holds oral argument, and the court's caseload. Because the deadline to start an appeal is only 30 days from sentencing, it is important to contact an appellate attorney quickly.

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