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⚠ Appeal Deadlines Are Absolute. In Tennessee state court you have 30 days from judgment. In federal court, 14 days. Missing the deadline forfeits your right to appeal entirely. Call immediately:
(901) 578-1515.
Memphis Criminal Appeal Attorney
Appeals Are Won on Paper. Hire Someone Who Writes.
A criminal appeal is not a new trial. There are no witnesses, no jury, no courtroom drama. It is a written argument — a brief submitted to an appellate court asking them to find that the lower court got it wrong. The quality of that argument, the depth of the research behind it, and the precision of the writing determine whether you win or lose.
Most trial attorneys do not invest the time or have the skills that appellate work requires. Attorney Patrick Barnes does. He is admitted to the United States Court of Appeals for the Sixth Circuit and the United States District Court for the Western District of Tennessee — credentials that most criminal defense attorneys in Memphis do not hold. He approaches appeals methodically and with a genuine commitment to finding every viable issue in your favor.
If you have been convicted and believe errors were made — in the investigation, at trial, in sentencing, or in how the law was applied — call us. Patrick will give you an honest assessment of your appellate issues and what the process realistically involves before you commit to moving forward.
Appeal deadlines are absolute. In Tennessee state court, you have 30 days from judgment to file a notice of appeal. In federal court, the deadline is 14 days. Missing either deadline forfeits your right to appeal entirely. If you have been convicted, call immediately: (901) 578-1515.
Your Attorney
Patrick Barnes — Memphis Criminal Appeal Attorney
Attorney Patrick Barnes is admitted to practice before the United States Court of Appeals for the Sixth Circuit and the United States District Court for the Western District of Tennessee — credentials that most criminal defense attorneys in Memphis do not hold. He brings the same methodical, research-driven approach to appellate work that the process demands: thorough record review, precise legal argument, and a genuine commitment to finding every viable issue in your favor.
Appeals are won on paper. Patrick writes well, researches thoroughly, and does not treat appellate work as an afterthought to trial practice. If you have been convicted and are considering an appeal, he will give you a straight answer about the strength of your issues and what the process realistically involves — before you commit to moving forward.
Learn more about Attorney Patrick Barnes →
How It Works
The Tennessee Appeals Process
If you believe that errors were committed in your case and negatively impacted the outcome, you have the right to file an appeal in the State of Tennessee. Through the appeal, you'll have the opportunity to state your claim, the errors committed, and provide any supporting evidence and arguments that highlight mistakes or introduce new elements to your case.
The appellate court will review all information from your initial case and consider all issues that were properly raised during your appeal to either overturn a judgment, amend a sentence or penalties, or uphold a decision. Appeals are different from trials — there are no witnesses, no new testimony, and no jury. The appellate court reviews the trial record and the written briefs submitted by counsel. Oral argument may be heard. This is why having an attorney who excels at research and writing is so critical at this stage.
Common Grounds for Appeal
- Ineffective counsel at trial
- The discovery of new evidence
- Improperly admitted or withheld evidence or withheld
- Excessive sentencing or penalties
- Jury misconduct or other issues involving jury members
- Prosecutorial misconduct
- Errors in jury instructions
- Constitutional violations at trial
Why It Matters Who You Hire
Appellate Work Is a Different Skill Set
Appeals are time-consuming and expensive. A criminal appeal in Tennessee is not a quick process. From the filing of the notice of appeal through briefing, oral argument if granted, and the court's decision, the process can take a year or more — sometimes significantly longer in complex cases. The legal fees reflect that reality. An appeal requires dozens of hours of research, record review, and writing. Anyone who tells you otherwise is not being straight with you.
That is exactly why who you hire matters so much. Many attorneys are skilled in the courtroom but do not invest the time and effort required to write a compelling appellate brief. An appeal is won or lost on paper — on the quality of the legal argument, the depth of the research, and the precision of the writing. A poorly written brief, one that misses key issues or fails to properly preserve arguments, can forfeit rights that might otherwise have led to a reversal.
Patrick Barnes approaches appeals the way a skilled investigator approaches a case — methodically, thoroughly, and with a commitment to finding every viable argument in your favor. He does not hand appeals off to junior staff. He does not treat them as an afterthought. When you hire him for an appeal, you get a lawyer who is genuinely invested in the outcome.
Given the time and cost involved, the decision to appeal should be made carefully and with full information. We will be honest with you about the strength of your appellate issues and the realistic range of outcomes before you commit to moving forward. You deserve a straight answer — not false hope.
Missing your appeal deadline in Tennessee forfeits your right to appeal entirely. If you have been convicted, call us immediately: (901) 578-1515. Every day counts.
Common Questions
Criminal Appeals — What You Need to Know
What is a criminal appeal in Tennessee?
A criminal appeal is a request to a higher court to review the decision of a lower court. In Tennessee, most criminal appeals from Shelby County go to the Tennessee Court of Criminal Appeals. Federal criminal cases can be appealed to the United States Court of Appeals for the Sixth Circuit. An appeal is not a new trial — there are no witnesses, no new testimony, and no jury. The appellate court reviews the trial record and written briefs submitted by counsel and determines whether legal errors occurred that affected the outcome.
What are the deadlines for filing a criminal appeal in Tennessee?
Deadlines are strict and missing them forfeits your right to appeal entirely. In Tennessee state court, a notice of appeal must be filed within 30 days of the final judgment. In federal court, the deadline is 14 days from the entry of judgment. These deadlines are not flexible. If you have been convicted, contact an attorney immediately.
What are common grounds for a criminal appeal?
Common grounds for appeal include ineffective assistance of counsel at trial; newly discovered evidence; improperly admitted or withheld evidence; excessive sentencing; jury misconduct; prosecutorial misconduct; errors in jury instructions; and constitutional violations during the trial or investigation. Not every error at trial is reversible — the error must have been prejudicial, meaning it likely affected the outcome.
What is the difference between a state appeal and a federal appeal?
State criminal convictions in Tennessee are appealed through the Tennessee Court of Criminal Appeals and, if necessary, the Tennessee Supreme Court. Federal criminal convictions are appealed to the United States Court of Appeals for the Sixth Circuit, which covers Tennessee, Kentucky, Ohio, and Michigan. Federal appeals involve different procedures, different standards, and admission to the federal appellate bar — not all attorneys are admitted to practice before the Sixth Circuit.
How long does a criminal appeal take in Tennessee?
From the filing of the notice of appeal through briefing, oral argument if granted, and the court's decision, a Tennessee criminal appeal typically takes one to two years. Complex cases or those involving significant constitutional issues can take longer. Federal appeals generally take a similar amount of time. This is not a quick process, and anyone who suggests otherwise is not being straight with you.
How much does a criminal appeal cost?
Criminal appeals are time-consuming and expensive. A thorough appellate brief requires dozens of hours of record review, legal research, and writing. Attorney fees reflect that reality. The cost varies depending on the complexity of the case, the length of the trial record, and the number of issues raised. We will give you an honest assessment of costs and realistic outcomes before you commit to moving forward.
Why does it matter who I hire for a criminal appeal?
Appeals are won or lost on paper — on the quality of the legal argument, the depth of the research, and the precision of the writing. A skilled trial attorney is not necessarily a skilled appellate attorney. The two require different abilities. Attorney Patrick Barnes is admitted to both the United States District Court for the Western District of Tennessee and the United States Court of Appeals for the Sixth Circuit. He approaches appellate work methodically and with the commitment it requires — not as an afterthought to trial practice.
Can I appeal my sentence even if I pleaded guilty?
In limited circumstances, yes. A guilty plea generally waives most appellate rights, but there are exceptions — including challenges to the legality of the sentence, ineffective assistance of counsel in connection with the plea, or violations of the plea agreement itself. Whether you have viable appellate issues after a guilty plea depends on the specific facts of your case. Call us for a free consultation.
What happens if my appeal is successful?
It depends on the grounds for reversal. If the appellate court finds reversible error, it may remand the case for a new trial, order resentencing, or in some cases dismiss the charges entirely. A successful appeal does not automatically mean freedom — it means the lower court's decision is overturned and the case is sent back for further proceedings consistent with the appellate court's ruling.