Greater Baltimore, Maryland / Washington, D.C. Region Appellate and Post Conviction Attorneys
If there are compelling reasons that you did not receive a fair trial due to legal error or deficiency in your attorney's performance, you may have grounds for a new trial or reduced sentence. Nathans & Biddle attorneys have decades of experience successfully preparing and litigating state and federal appeals and post conviction claims.
Nathans & Biddle’s appellate and post conviction representation is widely acclaimed for its success. Seasoned attorneys, individuals and federal and state judges often turn to us because experience counts.
After conviction, state or federal court clients have several opportunities to obtain a new trial. A conviction can be reversed as a result of a successful:
- direct appeal
- petition for writ of certiorari
- post conviction victory awarding a new trial
- coram nobis petition after the client has completed his sentence
Clients can also obtain sentencing relief in Maryland state courts as a result of:
- an appeal to the Circuit Court from a District Court conviction
- a timely filed Motion to Reduce Sentence
- a hearing before a Three Judge Panel
- acceptance into and successful completion of various drug/alcohol programs ordered by the court
In Federal Court, a client’s sentence can be reduced by:
- a successful appeal challenging the reasonableness of the sentence or the improper application of the Federal Sentencing Guidelines
- successful admission and completion of various programs offered by the Federal Bureau of Prisons
- obtaining sentencing relief through Federal post conviction petitions (28 U.S.C. § 2255) and/or Federal or State coram nobis petitions
- providing substantial assistance /cooperating with law enforcement or prosecutors after sentence
Nathans & Biddle attorneys have extensive experience and notable successes in correcting errors made at trial through appeals or post conviction proceedings. If you believe you have grounds for an appeal, post conviction petition or sentencing reduction, contact Nathans & Biddle, LLP today to schedule an appointment with one of our knowledgeable and dedicated attorneys.
Successful Post Conviction Relief
Maryland law allows client’s to seek post conviction relief following the end of the direct appeals process. In Maryland, every client has a right to an in-court hearing on their post conviction claims so long as they are serving a sentence of incarceration or are on parole or probation arising from a conviction and sentence.
After a trial has resulted in a conviction and sentence, a Federal court client has the right to seek timely post conviction relief by filing a 28 U.S.C. § 2255 petition.
Nathans & Biddle attorneys are recognized for their victories in correcting errors made in federal trials or sentencing hearings through post conviction proceedings. Recent victories have included reduced or shortened sentences, time served sentences, reversal of convictions, and eventual pleas to reduced charges.
Unlike direct appeals, post conviction proceedings are not limited to the prior trial record. Our tireless investigative work in such cases is a hallmark of our practice and has resulted in the freedom of numerous clients including three innocent Maryland men who had wrongfully served 27, 39 and 26 years in prison and an individual who remained on death row for more than 7 years.
Obtaining Relief through Coram Nobis Petitions
There is also a right in Maryland to attack a conviction and sentence long after a client has served a sentence and completed parole or probation. This issue most commonly arises when permanent resident aliens face deportation based on old offenses, or prior convictions need to be removed due to professional licensing, regulatory requirements, or educational or vocational goals. In these situations, Nathans & Biddle attorneys have successfully employed the writ of coram nobis to help our clients achieve freedom from the unexpected consequences of prior convictions. We have also had success in Federal court filing coram nobis petitions in appropriate cases.
Evaluating Grounds for an Appeal, Post Conviction, or Coram Nobis
Below is a list of some of the legal issues that have formed the basis for some of our appellate, post conviction and coram nobis victories:
- Misapplication of evidentiary rules
- Judges giving the wrong jury instructions
- Discovery of exculpatory – Brady evidence
- Prosecutor’s failing to follow the rules of discovery
- Evidence mistakenly included / excluded at trial by the judge
- Judge’s improperly communicating with the jury
- Insufficiency of the evidence
- Errors in guilty plea proceedings
- Ineffective assistance of counsel (failure to properly investigate mental health defenses)
- Ineffective assistance of counsel (failure to adequately represent Client during Federal Sentencing proceedings)
- Ineffective assistance of counsel (failure to adequately put forth a defense)
- Ineffective assistance of appellate counsel (failure to investigate or raise a viable claim)
- Conflict of interest of the trial attorney
Federal Appeals and Post Conviction Proceedings
After a trial has resulted in a conviction and sentence, a defendant in federal court has two more opportunities to obtain a just result: direct appeal and post conviction proceedings through 28 U.S.C. § 2255. Nathans & Biddle attorneys have many years of experience and successes in correcting errors made in federal trials or sentencings through appeals or post conviction proceedings. Those success have included reduced or shortened sentences, time served sentences, reversal of convictions, and eventual pleas to reduced charges.
Our principal federal area of practice is in Maryland, although we also have experience in direct appeals and federal post conviction proceedings in other states.
Successful Post Conviction Relief
We also represent clients in state and federal post conviction proceedings. Federal law allows a defendant to seek post conviction relief within one year following the end of the direct appeals process, pursuant to the federal habeas corpus statute, 28 U.S.C. § 2255. There is no absolute right to an in-court hearing on a federal post conviction claim, so the case must be investigated by counsel and put together on paper in order to persuade a judge to order a hearing and grant relief.
Contact Appeals Attorneys at Nathans & Biddle
The rules and procedures governing appeals are complex and subject to strict timelines. Consequently, it's extremely important to work with an experienced attorney who understands the appeals process and the fine art of appellate advocacy. To schedule an appointment to discuss your case, contact an appeals attorney at Nathans & Biddle, LLP today.
