Port Orchard Appeals Attorney
Former Prosecutor. Former Public Defender. Built for Criminal Appeals.
When a criminal conviction is on the line, the attorney reviewing that record needs to understand not just appellate procedure but how the prosecution built its case in the first place. Stan Glisson is a former public defender and former deputy prosecuting attorney in Kitsap County. He has sat on both sides of the courtroom and knows how convictions are constructed. That background is what makes Glisson Legal a distinct choice for criminal appeals in Port Orchard and throughout Western Washington.
With over 20 years of experience in Washington courts, our firm handles criminal and DUI defense at every stage, including post-conviction challenges. Stan Glisson knows the judges and opposing counsel in the Kitsap County legal community. That is an advantage that matters when predicting how a specific argument may land before a particular panel. We serve clients throughout Western Washington and offer a free consultation to evaluate your appellate options.
Timing is critical in the appeals process. Call (360) 526-8191 or reach out online to schedule your free consultation.
What Is a Criminal Appeal?
An appeal isn’t a retrial. It’s a higher court’s review of whether legal errors affected the outcome of the original case. No new witnesses testify, and no new evidence is introduced. The reviewing court examines the record from the trial court to determine whether something went wrong that changed the result.
Felony criminal convictions from Kitsap County Superior Court, located here in Port Orchard, are appealed to the Washington Court of Appeals Division II, based in Tacoma. Defendants convicted in Washington Superior Courts have an automatic right of appeal following entry of judgment and sentence. These appeals most commonly raise evidentiary error, instructional error, or constitutional violations.
The Filing Deadline Under RAP 5.2
The notice of appeal must generally be filed with the trial court within 30 days after entry of the judgment or order being appealed. Under the Washington Rules of Appellate Procedure, this deadline is jurisdictional. Missing it can result in the appeal being dismissed, and the narrow exceptions permitting late filing under RAP 18.8(b) are rarely granted.
Post-judgment motions can affect when the 30-day period begins to run. A motion for arrest of judgment under CrR 7.4 or a motion for a new trial under CrR 7.5 are examples that may shift the deadline. If a statute provides a different deadline for a specific type of case, that statutory deadline governs. The practical message: contact an appeals attorney as soon as possible after sentencing to protect your options.
What Qualifies as Grounds for Appeal?
Not every unfavorable outcome supports an appeal. The appellant must identify a significant legal error that affected the result. Washington appellate courts apply different standards of review depending on the type of issue: de novo review for questions of law, abuse of discretion review for discretionary trial court rulings, and substantial evidence review for factual findings.
Common grounds for a criminal appeal include:
- Incorrect jury instructions
- Improper admission or exclusion of evidence
- Insufficient evidence to support the verdict
- Abuse of judicial discretion
- Ineffective assistance of counsel, meaning the trial attorney’s performance fell below an objective standard of reasonableness and affected the outcome
One important procedural limit is RAP 2.5(a): failure to object to an issue at trial generally forfeits appellate review of that issue. A narrow exception exists for manifest constitutional error. This is why the trial record matters so much. We review it thoroughly to identify which issues are properly preserved and which arguments carry the strongest foundation for review.
How Long Does the Washington Criminal Appeals Process Take?
The process typically extends from several months to over a year, depending on the complexity of the legal issues and the appellate court’s caseload. After the notice of appeal is filed, the appellant designates the clerk’s papers and arranges for a Verbatim Report of Proceedings, generally within 30 days. That transcript becomes the factual basis for everything that follows.
Briefing comes next. The appellant files an opening brief, the State files a response within 30 days, and the appellant may file a reply. In criminal cases, a defendant may also submit a Statement of Additional Grounds for Review to raise issues not addressed in counsel’s brief. Once briefing closes, the Court of Appeals determines whether to hear oral argument or decide on the briefs alone. We keep clients informed at each stage, so there are no surprises during what can be a lengthy process.
Possible Outcomes When an Appeal Succeeds
If the Court of Appeals finds reversible error, the possible outcomes depend on the nature of the mistake. The court may order a new trial, modify the sentence, or, in some cases, dismiss the charges. Partial reversals are also possible. The court might identify sentencing error, for example, while affirming the underlying conviction.
A successful appeal doesn’t automatically end the legal matter. The mandate typically issues 30 days after the Court of Appeals decision unless further review is sought, and subsequent proceedings such as a retrial may follow. We prepare clients for each possible path, so the resolution of the appeal isn’t the end of the strategy.
Options If the Court of Appeals Affirms
A denial from the Court of Appeals isn’t necessarily the final word. Several post-denial options may be available depending on the circumstances:
- Motion for Reconsideration – Must be filed within 20 days after the opinion is issued, asking the same court to reexamine its decision.
- Petition for Review to the Washington Supreme Court – Must be filed within 30 days after the Court of Appeals decision. Review is discretionary and typically limited to cases involving significant legal questions or matters of broad public importance.
- Personal Restraint Petition – Available in criminal cases for constitutional violations not raised on direct appeal. Generally must be filed within one year after entry of the order being challenged.
- Federal Habeas Corpus – In cases involving federal constitutional violations, this may be available after state court remedies are exhausted.
Whether any of these routes makes sense depends on the facts of the case and the grounds on which the appeal was denied. We advise on each option clearly and without overpromising what further proceedings can accomplish.
