32
Appeal & post-conviction barriers
A serious error needs a meaningful path to review
Review can be blocked by missing records, short deadlines, procedural defaults, inadequate counsel, inaccessible evidence, restrictive filing rules, delay, or standards that prevent courts from reaching the merits. Finality matters, but it should not conceal constitutional error or credible evidence of innocence.
What failure can look like
- Counsel failed to file, consult, preserve issues, obtain the record, or communicate an appeal decision
- Transcripts, exhibits, testing, files, or discovery needed for review are unavailable or withheld
- A claim rejected procedurally despite new evidence, innocence concerns, or circumstances beyond the person’s control
Protect the record
Preserve judgments, notices, appellate advice, transcripts, exhibits, docket entries, counsel communications, filing attempts, postmarks, discovery, new evidence, and the date each fact became known. Seek specialized appellate or post-conviction counsel immediately because deadlines are often unforgiving.