Appealing a Homicide Conviction in Nevada
A homicide conviction is one of the most severe outcomes in the criminal justice system, but it's not always the final word. The appellate process provides a critical opportunity to challenge legal errors made during the trial. Josh Tomsheck, a nationally board-certified criminal trial lawyer with decades of experience, has successfully argued numerous appeals, securing overturned convictions or reduced sentences for clients.
Grounds for Appeal
There are various legal grounds for appealing a homicide conviction in Nevada. Common reasons include:
1. Legal Errors: These could be mistakes made by the judge during trial, such as improper jury instructions or the admission of inadmissible evidence.
2. Ineffective Assistance of Counsel: A defendant may argue that their trial attorney failed to provide adequate representation, violating their Sixth Amendment rights.
3. Prosecutorial Misconduct: If the prosecution engaged in improper behavior, such as withholding exculpatory evidence or making inflammatory statements, this can form the basis for an appeal.
4. Newly Discovered Evidence: In some cases, evidence that was unavailable during the original trial may come to light, justifying a new trial.
The Appellate Process
The Rules for Appeals in Nevada are mostly covered in NRS Chapter 177 and the Nevada Rules of Appellate Procedure. The Nevada Appellate Rules were recently amended by ADKT 0560, effective August 15, 2024. Appealing a homicide conviction involves complex legal procedures, and it is crucial to work with an experienced attorney like Josh Tomsheck who understands the nuances of the appellate courts. The process generally includes:
Filing the Notice of Appeal: This formal document must be submitted within a strict deadline after the conviction, usually within 30 days.
Appellate Briefing: Both the defense and the prosecution submit written briefs outlining their arguments. The appellate court will focus on the legal issues raised, rather than re-evaluating the factual evidence.
Oral Arguments: In some cases, the appellate court may schedule oral arguments where attorneys present their positions in person.
The Court's Decision: The appellate court may affirm the conviction, reverse it, or send the case back to the lower court for a new trial.
How Josh Tomsheck Approaches Homicide Appeals
With years of experience as both a homicide prosecutor and a defense attorney, Josh Tomsheck has a unique perspective on how to approach appellate cases. His appellate team includes experts in post-conviction relief, including a retired federal habeas attorney who has argued more than 150 times before the 9th Circuit Court of Appeals, and a former district court judge with decades of experience.
Mr. Tomsheck carefully reviews trial transcripts to identify legal errors or constitutional violations that could be grounds for appeal. His comprehensive approach often involves collaboration with forensic experts, investigators, and other professionals to develop new evidence or challenge the legal foundations of the conviction.
Post-Conviction Relief Options
In addition to direct appeals, defendants may also seek post-conviction relief through motions like habeas corpus petitions or motions for a new trial. These remedies can be pursued after the traditional appeals process has been exhausted or when new evidence emerges. Josh Tomsheck and his team are well-versed in filing these types of petitions, offering a lifeline for those seeking justice long after a conviction.
Nevada Statutes Governing Appeals
The appeal process is governed by Nevada statutes, including:
NRS 177: Covers procedures for criminal appeals in Nevada.
NRS 34.724: Governs post-conviction habeas corpus petitions.
NRS 175.381: Allows motions for a new trial in certain circumstances, including when new evidence is discovered.
Why Choose Josh Tomsheck for Homicide Appeals?
When it comes to appealing a homicide conviction, experience and expertise matter. Josh Tomsheck brings a wealth of knowledge from his time as both a prosecutor and defense attorney. His understanding of the trial and appellate processes, combined with his team's resources, ensures that clients receive the best possible representation at this critical stage. His success in securing overturned convictions and reduced sentences speaks for itself.
Contact Hofland & Tomsheck for a No-Cost Consultation
If you or a loved one has been convicted of homicide, time is of the essence. The appellate process has strict deadlines, so it's important to act quickly. Contact Josh Tomsheck at Hofland & Tomsheck for a no-cost consultation at (702) 895-6760. Mr. Tomsheck will review your case, explain your legal options, and work tirelessly to secure the best possible outcome for your appeal.
