Preserving Appellate Issues During a Criminal Trial: Lessons from Recent Cases

Mar 11

3 min read

Preserving appellate issues during a criminal trial is a fundamental responsibility of the defense attorney. Failure to do so can result in the forfeiture of key arguments on appeal, potentially jeopardizing a defendant’s opportunity for relief. This process requires vigilance, a strong understanding of evidentiary rules, and a strategic approach to objections and motions. A recent case involving Michigan defense attorney Bill Amadeo highlights the critical importance of preserving appellate issues through trial advocacy.

Why Preserving Appellate Issues Matters

Appellate courts do not function as a second trial; rather, they review legal errors made during the original proceedings. Without proper preservation, an appellate court may refuse to consider an issue, applying a much higher standard of review such as “plain error,” which is difficult to overcome. Therefore, trial attorneys must ensure that legal arguments, objections, and evidentiary disputes are properly recorded in the trial court to create a viable appellate record.

Methods for Preserving Appellate Issues

To effectively preserve appellate issues, defense attorneys should:

Make Timely and Specific Objections – General objections are insufficient; attorneys must state the specific legal grounds for their objection.
Request Curative Instructions – If an error occurs, requesting the judge to issue a corrective instruction can solidify the issue for appeal.
File Motions to Suppress Evidence – Raising pretrial motions regarding the admissibility of evidence ensures that any wrongful admission or exclusion is documented.
Seek Offers of Proof – When evidence is excluded, attorneys should place an offer of proof on the record to demonstrate what the excluded evidence would have shown.
Request Rebuttal Witnesses When Necessary – If the court denies the opportunity to present rebuttal witnesses, ensuring this denial is on the record can be crucial for appeal.
Ensure Jury Instructions Are Properly Considered – Objecting to improper jury instructions and offering alternative instructions can preserve an issue for appeal.
File Post-Trial Motions – Motions for directed verdict, new trial, or judgment notwithstanding the verdict can set the foundation for an appeal.

The March 2025 Case: A Real-World Example

In March of 2025, Bill Amadeo, a well-known Michigan criminal defense attorney, demonstrated the importance of preserving appellate issues when he attempted to present rebuttal witnesses during a high-profile trial. The judge, however, refused to allow these witnesses to testify, significantly impacting the defense’s ability to challenge the prosecution’s case. Recognizing the appellate implications, Amadeo ensured that this denial was well-documented in the trial record.

Amadeo objected to the exclusion of the rebuttal witnesses and requested a formal ruling on the record. He also submitted an offer of proof detailing what each witness would have testified to, preserving the argument that their exclusion was prejudicial to his client’s defense. This strategic move set the stage for a potential appellate challenge on the grounds of an unfair trial and a violation of the defendant’s right to present a complete defense.

Potential Appellate Arguments Based on This Case

If an appeal is pursued, the defense may argue:

Denial of Due Process – The refusal to allow rebuttal witnesses could be framed as a violation of the defendant’s constitutional right to a fair trial.
Abuse of Discretion by the Judge – The judge’s refusal may be argued as an arbitrary or unjustified ruling that unfairly prejudiced the defense.
Structural Error – If the exclusion of the witnesses is deemed a fundamental flaw affecting the entire trial, it could result in an automatic reversal.
Harmless vs. Reversible Error – The defense would need to argue that the exclusion of rebuttal witnesses was not harmless but instead affected the outcome of the trial.

Conclusion

The March 2025 case exemplifies why trial attorneys must be proactive in preserving appellate issues. Defense attorneys must anticipate appellate challenges and take the necessary steps during trial to ensure that legal errors can be reviewed. Whether through timely objections, offers of proof, or the proper documentation of judicial rulings, ensuring a complete and accurate trial record is the key to a successful appeal. Bill Amadeo’s handling of the rebuttal witness issue underscores the importance of thorough trial advocacy and provides a blueprint for other defense attorneys navigating complex criminal litigation.