A trial appeal refers to the process of appealing a criminal conviction or sentence based on errors or irregularities that occurred during the trial. The appellant (the party appealing) argues that the trial court made legal mistakes that affected the outcome of the case, such as incorrect jury instructions, the admission of improper evidence, or violations of the defendant’s constitutional rights. The purpose of a trial appeal is to have a higher court review the trial proceedings and potentially reverse or modify the original decision.

A guilty plea appeal occurs when a defendant appeals their own guilty plea. The appellant argues that their plea was not knowingly, voluntarily, or intelligently made, often claiming that they were coerced, misled, or did not fully understand the consequences of the plea. The purpose of a voluntary plea appeal is to have the plea withdrawn or the case reopened for further proceedings.

In some jurisdictions, a 440 motion or a 330 motion is a legal mechanism for a defendant to challenge their conviction or sentence. A 440 motion typically allows a defendant to raise newly discovered evidence, ineffective assistance of counsel, or constitutional violations that were not raised during the trial or on direct appeal. A 330 motion, on the other hand, is specific to New York State and provides a means for a defendant to challenge the legality of their sentence.

Coram nobis is a Latin term that translates to “before us” in English. It is a legal remedy that allows a defendant who has already been convicted and exhausted their direct appeals to bring a new challenge based on fundamental errors that occurred during the proceedings. The coram nobis petition typically argues that there was a significant error that was not known or could not have been raised at the time of the original trial or appeal, such as ineffective assistance of counsel or newly discovered evidence.

Article 78 refers to a specific provision in the New York Civil Practice Law and Rules. It is not directly related to criminal appeals but can be relevant in certain cases involving government actions. Article 78 proceedings are used to challenge the decisions or actions of government agencies or officials when they are believed to be arbitrary, capricious, or contrary to the law. While it is not specific to criminal appeals, it can be utilized in criminal cases when challenging administrative decisions, such as parole denials or disciplinary actions.

Sealing and expungement are legal processes that allow individuals to limit or remove records of their criminal history from public view. Sealing generally means that the records are still accessible but are restricted to certain parties, such as law enforcement and criminal justice agencies. Expungement, on the other hand, involves the complete erasure of the records as if they never existed. The eligibility and procedures for sealing and expungement vary by jurisdiction, and not all convictions or offenses may be eligible for these remedies.

Ineffective assistance of counsel is a constitutional claim that can be raised on appeal. It asserts that a defendant’s defense attorney provided inadequate representation, which deprived the defendant of their constitutional right to effective assistance of counsel. To succeed with this claim, the defendant typically needs to show that their attorney’s performance fell below an objective standard of reasonableness and that this deficient performance prejudiced the defendant’s case, meaning it had a significant impact on the outcome of the trial or sentencing.