You’ve just been convicted… how long do you have to appeal the decision?

Criminal convictions can leave a lasting impact on a person’s life. They can make it difficult to find a job, a place to live, or even get a student loan for college. Thankfully, not all convictions are the final say in a judicial matter. The appeal process allows for anyone convicted of a crime to try to have original conviction overturned.

Individuals convicted of a crime have the right to an appeal. A potential appellant should handle their appeal with care, paying special attention to the amount of time they have to appeal a conviction, which varies according to the severity of the crime. The case of State v. Parnell highlights what can occur when an appellant mismanages their timing.

The State charged Roberta Parnell with a gross misdemeanor offense of fourth degree assault, a gross misdemeanor obstruction of justice, and a misdemeanor offense of disorderly conduct. After a trial, a jury acquitted Ms. Parnell of the assault and disorderly offenses, but convicted her of the obstruction charge. At sentencing, however, the district court downgraded the gross misdemeanor obstruction charge to a petty misdemeanor. Believing that the jury had improperly convicted her and that the trial court had made various errors, Ms. Parnell decided to appeal.

Appellants convicted of gross misdemeanors and felony offenses must fill their appeal within 90 days. Ms. Parnell filed her appeal 91 days after her conviction. While the court may allow a 30-day extension “for good cause,” this provision was not available to Ms. Parnell. This was because although the State had originally charged her with a gross misdemeanor, the Court sentenced her case as a petty misdemeanor, which provides a 30-day window to file an appeal. With the 30-day good cause extension, that gave her a total of 60 days to appeal her conviction.

Even with an extension from the courts, the 91 days Parnell took to file the appeal was well over the potential 60-day allotment. After review, a judge ultimately dismissed her appeal. Since there had already been precedent that the courts could not provide an extension beyond 30 days, Ms. Parnell was out of luck.

If you believe your conviction merits an appeal, speak quickly and seriously with your attorney about timelines.