When “Final” Isn’t Final: Understanding Legal Re-Openings

When individuals and their families face a criminal conviction, they are often told that it is the end of the case. Many families lose hope because of this, but it isn’t always true. Cases could be reopened, securing post-conviction relief for those who are wrongfully convicted or harshly sentenced. Appeals, retrials, and other forms of relief might be possible when laws change or when errors in the case are uncovered.

The Difference Between a New Trial and an Appeal

Two of the ways you may be able to reopen or change the result of your criminal case are either a motion for a new trial or a criminal appeal. There are key differences between these two options:

1. New trial. A motion for a new trial can be filed when there are specific issues in the criminal trial, such as misconduct, trial record destruction, errors in the law, new evidence, or if you were convicted despite the prosecution not meeting the burden of proof. A retrial is granted if these issues prevented you from having a fair trial. The case takes place in a court of the same level.
2. Appeal. An appeal of your criminal case takes the case to a higher court. It can be made when the court in your original case made a mistake of law, such as wrongfully suppressing or allowing evidence or an incorrect sentencing based on the law. An appeal does not present any new information or evidence; it only reviews your criminal trial as it happened.

If a mistake is found, and it affected the verdict or sentencing, your appeal may be granted. Then, a new trial or sentencing might be allowed.

One or both methods of reopening your case might be useful, depending on the circumstances of your criminal case.

When Can a Case Be Reopened?

A case might be renewable, either through an appeal, a retrial, or a post-conviction motion for reasons like:

1. Legal Changes

When the laws and policies change, this has the potential to affect the verdicts and sentences secured in convictions. Reformations in law and new court decisions may apply retroactively or may offer other new options for your case. This is especially true when legal changes are applied retroactively.

Because each legal change is different and will also differ depending on your jurisdiction, it is hard to determine exactly how these changes may impact your unique situation. It may:

• Affect your conviction and verdict
• Affect your sentencing
• Impact when or how you can recover post-conviction relief
• Impact your grounds for an appeal

It’s important to work with the right professionals to understand how the laws in your specific jurisdiction might affect your case and allow you to reopen it.

2. Procedural Errors

Re-opening a case is possible when your case involved procedural errors. Procedural errors occur when the legal procedures in a trial are not followed, and may include:

• Improper handling of evidence, including failure of the chain of custody of evidence
• Misrepresentations of evidence by witnesses
• Inaccurate or improper jury instructions
• Improperly suppressed or allowed evidence
• Violations of your constitutional rights
• Failure to ensure notice of motions

Procedural errors can lead to you getting an unfair trial and verdict.

Other forms of errors of law or errors of fact can also occur, as well as other issues in how your case was conducted. These happen when the law is not properly applied in a trial or sentencing, or when the facts of a case are incorrectly interpreted. Errors of law may be grounds for a retrial, while procedural errors and other mistakes are likely grounds for an appeal.

3. Newly Surfaced Information

When new information comes to light relating to a criminal case, it may allow the case to be reopened. This new information may be new evidence in the criminal case, evidence that was present in the case but that wasn’t used, or proof of misconduct. The information that surfaces and how severely it impacted the outcome of your case will affect whether it is useful to appeal the case or begin a new trial.

• New evidence. When new evidence is uncovered that would substantially impact the outcome of a trial, and this evidence was not previously known for the case, this may allow a case to reopen. A lot has to be shown in order to reopen a case, including that the evidence is very different from the evidence already shown, and is crucial enough that it is likely to result in a new verdict. Forensic evidence, evidence that expert testimony is not credible, new witness testimony, and other useful types of information may help.
• Unacknowledged evidence. If evidence that was present in your initial case was not used and would have changed the outcome, this could allow for a reopening of your case. The evidence may have been unused because of an ineffective defense by your criminal defense lawyer. The evidence may also not have been part of the trial case because it was wrongfully suppressed. Errors can lead to an appeal, while newly discovered evidence might enable a retrial.
• Official misconduct. Evidence of misconduct can surface after a case has concluded. Misconduct can include police, juror, and prosecutorial misconduct. Law enforcement misconduct can occur when officers coerce false confessions, violate an individual’s constitutional rights, work with unreliable informants, or lie in a trial.

Juror misconduct can occur when members of the jury look into the case outside of the courtroom, biasing their interpretation of the case. It can also occur when jurors are unqualified, have third-party contact, or prematurely reach a conclusion. Prosecutorial misconduct can occur when the prosecution hides evidence, provides false or improper evidence, or creates a false narrative about the crime. Misconduct often results in the potential for a retrial.

When new information impacts your criminal case, it is crucial that you work with the professionals who can help you take the next steps.

How Does Professional Research Uncover and Identify Opportunities for Reopening a Case?

Professional research organizations can help you review the options in your unique case. Every criminal trial and conviction is different, and it can be hard to discover the issues in a case without professional knowledge and support.

At NLPA, we offer research and guidance after a conviction, helping families identify options that allow for appeals, retrials, and other ways to reopen the case. We support appellate attorneys and other legal representatives to give you and your loved ones the aid you need. Reach out and discuss your situation with NLPA today.