Criminal Appeals & Post-Conviction Unit
About the Criminal Appeals & Post-Conviction Unit
The Private Counsel Division Criminal Appeals & Post-Conviction Unit assigns attorneys to Adult, Criminal, Appeals & Post-Conviction cases and oversees panel attorneys who litigate these cases.
Case Assignments
Direct Appeals
We assign attorneys to litigate direct appeals of adult criminal convictions or findings of a violation of probation to the Massachusetts Appeals Court and the Supreme Judicial Court We are alerted to the need for the assignment of a direct appeal lawyer when the trial attorney emails the Criminal Appeal Referral Form. This form can be found here or on the CPCS website homepage in the “Attorney and Vendor Resources” drop down menu. If the client had retained a private attorney for their appeal, the privately-retained attorney should contact our office to alert us to the need for the assignment of counsel.
Interlocutory Appeals
An interlocutory appeal occurs when a trial-level criminal defense attorney or prosecutor appeals an issue while a criminal case is still pending in the trial court. The appointed trial attorney is responsible for filing a motion requesting that an appellate court hear the appeal or for opposing such a motion filed by the Commonwealth. If the Court agrees to hear the motion and refers the case to an appellate court for full briefing, then the trial attorney should notify out unit by filling out the Criminal Appeal Referral Form and we will assign an appellate attorney to the case.
Screening Cases
We also assign attorneys to “screen” a closed case. In these cases, a client has been convicted either after a trial or a plea. We may assign an attorney to review the closed case to determine whether there are grounds to undo the conviction. Many people call our unit asking for assignment of screening attorneys. We have specific criteria that must be met prior to assigning screening attorneys and Attorney Kate O’Connell in our office reviews these requests. These requests must be in writing unless the client is unable to communicate by writing due to literacy or disability issues.
Our request for counsel forms have been translated into several languages and are listed below.
New Trial Motions
In some cases a direct appellate attorney or a screening attorney may be authorized to file a new trial motion in the trial court. A new trial motion under Mass. R. Crim P. 30 is considered a post-conviction motion and should be assigned through our office.
Specialized Panels
Immigration cases:
For screening cases that involve immigration consequences, we assign only those attorneys on our panel who have received training in litigating these types of motions.
“Special Projects” cases
The Special Projects Unit is part of the Private Counsel Division Criminal Appeals Unit. This unit assigns cases to criminal post-conviction clients when there have been developments in the law that have a widespread impact on CPCS post-conviction clients and may provide grounds for undoing a conviction. For many of these types of assignments the Special Projects Unit has set up a specialized assignment and inquiry procedure. Current projects and contacts for the projects are as follows:
- Hinton Drug Lab cases:
Please call the message line at 888-999-2881 and leave a detailed message. - Breathalyzer cases:
Please call the message line at 617-910-5856 and leave a detailed message or go to https://www.publiccounsel.net/breathalyzer and complete the form on that page - GPS cases:
Please call the message line at 617-910-5850 and leave a detailed message or learn more.
Other Post-Conviction Assignments
In limited cases a post-conviction attorney may be authorized to file a Federal Habeas petition in the federal district court or a writ of certiorari to the United States Supreme Court.
A post-conviction attorney may also file a motion to revise and revoke a sentence within 60 days of the appellate court confirming a conviction. (Note: Trial attorneys, not post-conviction attorneys, are responsible for filing a motion to revise and revoke and for litigating a sentencing appeal to the appellate division of the Superior Court after a conviction in the trial court. Only in limited circumstances may a post-conviction attorney handle this for a current client.)
Finally, post-conviction attorney may be assigned when an incarcerated individual’s mittimus does not accurately reflect the sentence imposed in court or does not accurately credit the individual with jail credit. Please note, we do not assign attorneys when an incarcerated person believe that they have not been properly credited with good time or other institutional credits.
Indigency Determinations
We only assign attorneys to indigent individuals. Individuals who have most recently been represented by a privately-retained attorney as well as individuals who are not incarcerated and have not been found indigent by the Court in the last 2 years will need to be found indigent by the Court prior to our assigning counsel.
The Private Counsel Division Criminal Appeals Unit only assign attorneys to indigent individuals. Individuals who have most recently been represented by a privately-retained attorney as well as individuals who are not incarcerated and have not been found indigent by the Court in the last 2 years will need to be found indigent by the Court prior to our assigning counsel.
- If you are inquiring about someone who is currently incarcerated, please use this packet.
- If you are inquiring about someone who is not currently incarcerated, please use this packet.
For information in languages other than English, please select the relevant cover letter:
Client Complaints
If an individual has been assigned an attorney and has concerns regarding that attorney’s performance, please contact us.
- By Telephone: Clients having difficulty reaching their criminal appellate or post-conviction attorneys, or who are seeking an update on the status of their case, should call 617-482-6212 or email CAUAttorney@Publicounsel.net
- By Electronic or Regular Mail: For serious issues concerning the attorney’s representation or to request re-assignment of counsel, the client’s complaint must be in writing and either sent by regular mail to: Attorney Liz Dembitzer, CPCS Private Counsel Division – Criminal Appeals Unit, 75 Federal Street, Boston, MA 02110; or by e-mail to CAUAttorney@publiccounsel.net.
Panel Support and Oversight
In addition to the assignment of counsel, our unit provides support and oversight to attorneys who litigate the cases we assign.
Panel Certification
To qualify for the post-conviction panel, counsel must be a member in good standing of the Massachusetts Bar with substantial experience in criminal law or appellate practice, must undertake a training process, and must agree to work with an appellate mentor for the first few assignments. The training requirement must be completed after the applicant has been approved for post-conviction certification. Acceptance onto the post-conviction panel is on a provisional basis. To become permanent member of the panel, the attorney must successfully complete the mentor program.
Application Process
The applicant should submit a letter to the Director of Criminal Appeals describing the applicant’s interest in handling criminal appeals and explaining why the applicant’s experience, training, and education qualifies the applicant for appeals and post-conviction assignments. A current resume should be included. Two legal writing samples should be submitted, preferably at least one of which addresses a criminal law issue. The applicant should include the names and email addresses of two references who are familiar with the applicant’s abilities in legal research and writing, criminal law, and/or appellate practice.
The above package should be sent by e-mail attachment to Attorney Liz Dembitzer at edembitzer@publiccounsel.net.
New panel members are required to participate in a six- hour training program (usually held in early November), which covers the appellate process, record assembly, client relations, the performance standards and other relevant topics. New applicants must also attend a brief writing workshop (this is usually a few hours a week for several weeks in a row in the spring) and participate in a moot argument in advance of oral argument in their first three assigned cases. The training program requirements must be fulfilled at the earliest opportunity after the applicant has been accepted onto the post-conviction panel.
We expect new panel members to have experience with Massachusetts criminal law and procedure. If you are interested in being on the CPCS post-conviction panel but do not have enough criminal law and procedure experience, please consider (1) applying to a bar advocate program and to practice in the trial courts for a year or two prior to applying for the post-conviction panel (please see the criminal trial support unit for more information https://www.publiccounsel.net/pc/criminal-trials-bar-advocate-programs/ ) or (2) working as an associate for a post-conviction panel member for a year or so.
If you are interested in working as an associate, please email your resume to CAUAttorney@publiccounsel.net and we will provide your resume to post-conviction panel members who are seeking associate help.
Training Programs
The Private Counsel Division Criminal Appeals Unit provides training opportunities and materials to panel members. Many of our past Post-Conviction trainings have been recorded and are available for review on MyGideon.
Criminal Appellate Brief Writing Workshop
The criminal appeals unit of the private counsel division holds a periodic brief writing workshop for members of the criminal appellate panel. These day-long workshops are collaborative in nature. With a workshop leader, the participants engage in writing exercises and then critique each others written work together. The participants also prepare a short brief before the workshop based on a 40 page transcript. Those briefs are reviewed and critiqued by the participants and leader during the workshop as well. The workshops are limited to approximately seven participants in order to allow every person’s work to receive attention. Some writing techniques that are taught include drafting syllogistic issue statements and using dramatic structure to draft the facts. Taking the workshop is a requirement for acceptance onto the panel, and may be taken on a voluntary basis by panelists who have been certified. The workshop is free of charge and is worth eight (8) CLE credits.
For more information on the workshop contact attorney Murray Kohn at mkohn@publiccounsel.net
Criminal Appellate Moot Court Program
The post-conviction unit administers a moot court program in which members of the post-conviction panel act as volunteer judges for panelists who want to be mooted before appearing in court for oral argument. The unit organizes the moot court session for the attorney being mooted by polling the panel for volunteers. The briefs are distributed to the moot court judges to read before the argument. The moot courts are conveniently held by video conference, though live sessions could be arranged with sufficient notice. If you have an oral argument coming up, and wish to be mooted, contact Matt Harper-Nixon at mharper-nixon@publiccounsel.net. We will also email anyone with an upcoming moot directly to ask if they are interested in being mooted.
Criminal Appellate Brainstorming Program
In this program, members of the post-conviction panel can brainstorm their assignments with other panel members in order to spot issues and develop case strategy. Brainstorming also allows the attorney to identify areas where more research or investigation is needed. The unit sets up the brainstorming session by polling the panel for volunteers. The sessions are held conveniently by video conference. Volunteers earn one credit for participating, up to two credits per year for participating in the peer brief review, brainstorming, and moot court programs. If you wish to schedule a brainstorming session, or for more information, Contact Matt Harper-Nixon at mharper-nixon@publiccounsel.net.
Resources for Panel Attorneys
The Private Counsel Division – Appeals Unit maintains several resources to support panel attorneys.
Where to direct documents and inquiries:
Liz Dembitzer
edembitzer@publiccounsel.net
- Requests for mentors or co-counsel
- Authorization to withdraw from a case or to dismiss an appeal
- Requests for authorization not file a new trial motion, habeas petition or writ of certiorari
Matt Harper-Nixon
mharper-nixon@publiccounsel.net
- Scheduling moot arguments, brainstorming sessions
- Questions about moot arguments , brainstorming about sessions, drop in sessions, trainings
- Ideas for trainings
- Information for the newsletter (send us your wins! Even small victories are nice to hear about)
- General case questions/ strategy
Kate O’Connell
kmoconnell@publiccounsel.net
- Requests for screenings, questions about screening process
- General case questions/ strategy
Dolly Mele
dmele@publiccounsel.net
- Requests for/ Questions about/ issues re: direct appeal or other types of assignments
Maudelcia Tuitt
Mtuitt@publiccounsel.net
- Questions about special project assignments (e.g. GPS, breathalyzer, drug lab, (full list on our webpage)
Kerry Lee
klee@publiccounsel.net
- Copy of filed appellate brief and new trial motions
- CLE attendance
Post-conviction panel incentives program
Attorneys are eligible to earn a maximum of $2500 in bonuses in Fiscal Year 2026.
- $2500 bonus if an attorney files 4 or more appellate briefs or new trial motions (as part of a direct appeal assignment) in any court in fiscal year 2026 (July 1, 2025 – June 30, 2026). The briefs or motions must be from 4 distinct cases.
- $2500 bonus if an attorney files 3 or more superior court appellate briefs or new trial motions (as part of a direct appeal assignment) in fiscal year 2026 (July 1, 2025 – June 30, 2026). The briefs or motions must be from 3 distinct cases.
- $2500 bonus if an attorney files 2 or more murder appellate briefs or new trial motions (as part of a direct appeal assignment) in fiscal year 2026 (July 1, 2025 – June 30, 2026). The briefs or motions must be from 2 distinct cases.
Please use this form to submit your information for this program: https://wkf.ms/3R4R6Bg
Post-conviction private investigator pilot program
The Post-Conviction Private Investigator pilot program is accepting applications for private investigator services for post-conviction cases.
This program allows attorneys working on certain post-conviction cases access to the services of a Private Investigator working under contract with CPCS and paid from a fund established for this purpose.
We encourage all attorneys working on direct appeals or post-conviction screenings to evaluate each case to determine whether post-conviction investigation would be helpful in developing grounds for new trial motion. Private Investigators can locate and interview witnesses, locate documents or physical evidence, photograph or videotape evidence or geographic locations, and provide background information on relevant case witnesses, among other services.
To apply, please fill out this application and email it to PCDPI@publiccounsel.net.
Although we may not be able to provide a Private Investigator for every case, we encourage attorneys to consider applying. We will evaluate applications based on the following criteria: the potential that the fruits of an investigation will provide meritorious grounds for a new trial motion; reasons why ex parte investigation is particularly necessary for the case or why seeking funds through the court is undesirable or unlikely to be successful; and the client’s belief why post-conviction investigation is necessary.
Post-conviction checklists
The private counsel appeals division has created checklists attorneys should submit along with their request to close a screening or direct appeal.
Prepared by Murray Kohn and edited by Matt Harper-Nixon
Please use this form to request CLE credit for viewing pre-recording trainings or webinars.
Other divisions at CPCS can be helpful to panel attorneys in representing their clients:
Resource Attorneys
Resource Attorneys are experienced post-conviction panel members who contract with CPCS to provide oversight and support to post-conviction panel members. Among other duties, Resource Attorneys act as judges for moot arguments, hold weekly drop-in sessions and take advice calls from panel members. A list of Resource Attorneys can be found below.
Post Conviction Panel Resource Attorneys:
Josh Daniels
617-942-2190
jdaniels@danielsappeals.com
Michael Nam Krane
617-553-2366
Michael@bostonjustice.net
Philip Weber
617-202-6651
PhilipWeberLaw@gmail.com
Erin Opperman
617-945-6020
erin@oppermanlaw.com
Dennis Toomey
978-773-0189
toomey.attorney@gmail.com
Tim St. Lawrence
401-484-7850
tstlawrence@gmail.com
Anne Rousseve
617-655-2062
anne@roussevelaw.com
Suzanne Renaud
508-399-1060
Suzanne.Renaud.Esq@gmail.com
Dave Barend
508-316-1171
dbarend@comcast.net
Eric Brandt
617-739-1412
Mrlewis392@comcast.net
Special Projects:
James McKenna
774-317-0983
James.P.McKenna.Esquire@aol.com
Edward Crane
617-851-8404
Attyedwardcrane@gmail.com
Murder cases and federal habeas litigation:
David Nathanson
(617) 248-1806
DNathanson@WoodNathanson.com
Cathryn Neaves
(978) 475-0609
Cathryn.Neaves@comcast.net
Panelists should feel free to check the following options for possible CLE events:
- CPCS Training Calendar
- MCLE Calendar
- MA Bar Association Training Calendar
- Boston Bar Association Calendar
- If you find a CLE and are unclear if it would qualify for our panel, contact Liz Dembitzer (edembitzer@publiccounsel.net) to ask.
Panel Adherence to Performance Standards
The Private Counsel Division Criminal Appeals Unit is responsible for ensuring panel members’ adherence to our Performance Standards. Attorneys in the unit review panel attorneys’ written work and oral arguments and investigate client complaints.The Private Counsel Division Criminal Appeals Unit is responsible for ensuring panel members’ adherence to our Performance Standards. Attorneys in the unit review panel attorneys’ written work and oral arguments and investigate client complaints.
Process for filing attorney complaints
By Telephone: Clients having difficulty reaching their criminal appellate or post-conviction attorneys, or who are seeking an update on the status of their case, should call 617-482-6212 or email CAUAttorney@Publicounsel.net.
By Electronic or Regular Mail: For serious issues concerning the attorney’s representation, or to request reassignment of counsel, the client’s complaint must be in writing and either sent by regular mail to: Attorney Liz Dembitzer, CPCS Private Counsel Division – Criminal Appeals Unit, 75 Federal Street, Boston, MA 02110; or by e-mail to CAUAttorney@publiccounsel.net.
File a Complaint
If you’re not satisfied with your legal representation and want to file a complaint, find information for the appropriate division or unit.
Professional Resources
CPCS provides resources for criminal defense professionals in our training department.