Criminal Appeals & Post-Conviction Relief

Experienced Appellate Representation in State and Federal Courts

A criminal conviction does not always mark the end of a case. Errors made during trial, sentencing, or other stages of a criminal proceeding may provide a basis for appellate review or post-conviction relief. At Newton Barth, we represent clients in criminal appeals and collateral proceedings in both Missouri state courts and the federal court system, providing strategic advocacy when the issues become purely legal and every word matters.

Attorney Talmage Newton has devoted a substantial portion of his legal career to appellate advocacy. He has authored and argued dozens of criminal appeals, writs, and post-conviction matters before Missouri appellate courts, the United States Courts of Appeals for the Seventh and Eighth Circuits, and has represented clients seeking review before the Supreme Court of the United States. His appellate practice spans virtually every stage of criminal litigation—from preserving issues during trial through briefing and oral argument on appeal.

A Foundation Built in the Missouri Supreme Court

Before entering private practice, Talmage served as a judicial intern in the chambers of Chief Justice Ronnie L. White of the Supreme Court of Missouri. That experience provided a unique perspective on how appellate courts analyze legal arguments, evaluate trial court decisions, and apply precedent. It also reinforced an appreciation for careful legal writing, thoughtful advocacy, and meticulous attention to the record—skills that continue to define his appellate practice today.

Throughout his career, Talmage has remained actively involved in the development of criminal appellate law. He previously served as Chairman of the Amicus Curiae Committee for the Missouri Association of Criminal Defense Lawyers, helping to shape the organization’s participation in significant appellate cases affecting the rights of criminal defendants throughout Missouri.

Criminal Appeals

An appeal is not a second trial. Instead, appellate courts review the proceedings below to determine whether legal errors occurred that affected the outcome of the case. Successful appellate advocacy requires a thorough understanding of trial procedure, constitutional law, standards of review, and persuasive legal writing.

Our appellate practice includes representation in matters involving:

• Missouri Court of Appeals
• Supreme Court of Missouri
• United States Court of Appeals for the Seventh Circuit
• United States Court of Appeals for the Eighth Circuit
• Petitions for writs of certiorari to the Supreme Court of the United States

We represent clients challenging convictions, sentences, suppression rulings, evidentiary decisions, jury instructions, constitutional violations, and other significant legal issues arising from criminal prosecutions.

Post-Conviction Relief

In some cases, relief may be available even after the direct appeal has concluded. We represent clients pursuing post-conviction remedies in both state and federal courts, including claims involving ineffective assistance of counsel, constitutional violations, newly discovered evidence, sentencing errors, and other issues that may not have been fully addressed on direct appeal.

Our post-conviction practice includes representation in Missouri Rule 29.15 and Rule 24.035 proceedings, federal motions under 28 U.S.C. § 2255, executive clemency matters, and other available avenues for post-conviction relief where appropriate.

Trial Experience Matters

Effective appellate lawyers understand what happens inside a courtroom. Because our practice includes substantial trial work in both state and federal courts, we appreciate how legal issues arise, how they are preserved for review, and how trial strategy affects appellate outcomes. That experience allows us to evaluate a case not only from the perspective of an appellate advocate, but also through the lens of a trial lawyer.