Being convicted of a crime in Tennessee can feel like the end of the road—but it doesn’t have to be.

Tennessee Rule of Appellate Procedure 3(b) provides:

“In criminal actions an appeal as of right by a defendant lies from any judgment of conviction entered by a trial court from which an appeal lies to the Supreme Court or Court of Criminal Appeals.”

The appellate process is not a re-trial, but rather a review of the legal procedures and rulings that led to your conviction.

What follow are the key steps involved in appealing a criminal conviction in Tennessee state court.

Step 1: File a Notice of Appeal

The first step in initiating an appeal is to file a Notice of Appeal in the trial court. This must be done within 30 days of the entry of the final judgment (usually the sentencing order). Typically, your trial lawyer will do this for you. But, it is always advisable to confirm with your trial attorney that they have filed the notice.

Important: The 30-day deadline is strict. Missing it can forfeit your right to appeal.

Step 2: Secure the Appellate Record

Once the Notice of Appeal is filed, the record on appeal must be prepared. This includes:

• Transcript of the trial proceedings

• All pleadings, motions, and orders filed in the trial court

• Exhibits and evidence introduced at trial

Either your trial or appellate attorney should reach out to the trial court and ensure that either 1) the trial transcript is filed with the trial court, 2) a statement of evidence is filed, or 3) a notice is filed saying no transcript will be filed. This must be done within 60 days of the filing of the notice of appeal.

Once the trial court has the transcript, statement of evidence, or statement that no transcript or statement of evidence will be filed, the trial court has 45 days to finish preparing the record and submit to the Court of Appeals. 

Step 3: File the Appellant’s Brief

Once the appellate record is filed, the appellant must submit a written brief outlining:

• The factual background of the case

• The legal issues being appealed

• Citations to relevant authority (statutes, rules, prior cases)

• Argument explaining why the trial court erred

This is the heart of the appeal. Your appellate attorney must file your appellate brief within 30 days of the filing of the appellate record. However, it is typical for your attorney to request and receive a 30 to 60 day extension to file your brief. 

Step 4: The State Responds

The State of Tennessee, through the District Attorney General’s office, will file its Appellee’s Brief in response. This brief argues why the conviction should be upheld. The State has 30 days to respond to your appellate brief. It is customary to allow the state a 30-60 day extension to file their brief in response to yours.

You may then file a Reply Brief, though it is optional. You have 14 days from the filing of the State’s brief to file your reply brief. 

Step 5: Oral Argument (Optional)

In some cases, either party may request oral argument before the Court of Criminal Appeals. This is an opportunity for each side to present its case in person and answer questions from the panel of judges.

Not every appeal is granted oral argument, and some are decided on the briefs alone.

Step 6: Await the Court’s Decision

The Tennessee Court of Criminal Appeals will issue a written opinion either affirming the conviction, reversing it, modifying the sentence, or remanding the case for further proceedings.

If the appeal is unsuccessful, the defendant may pursue further review by:

• Filing an application for permission to appeal to the Tennessee Supreme Court

• Seeking post-conviction relief under Tennessee law

Final Thoughts

Appeals are complex and highly procedural. Success often hinges on the clarity and precision of the arguments presented. If you’re considering an appeal, it’s crucial to consult with an experienced appellate attorney who can evaluate your case and ensure all deadlines are met.

Even if you had a great trial attorney, it’s advisable to have a different appellate attorney to have a different set of eyes reviewing your case. 

We have experience navigating the Tennessee appellate courts and helping clients fight wrongful convictions and sentencing errors. Contact us today to schedule a consultation.

If you are in need of a lawyer to represent you on your appeal from a Tennessee conviction representation, fill out our intake form. Questions? Contact us.