Justia Lawyer Rating
Super Lawyers Badge
National Association of Criminal Defense Lawyers Badge
Connecticut Criminal Defense Lawyers Association

Appeals & Post-Conviction Proceedings

Frost | Bussert is comprised of experienced federal and state appellate and post-conviction attorneys, whose knowledge of federal and state case law and procedure enables the firm to better raise and preserve issues at the trial court level. We represent clients with respect to both criminal and civil appeals, as well as post-conviction proceedings, including motions brought pursuant to 28 U.S.C. § 2255 and § 2241 and state petitions for writs of habeas corpus or motions to vacate illegal sentences.

Appeals and post-conviction cases involve claims that legal errors were made during lower court proceedings. Before filing an appeal or a post-conviction petition, we review the record (for example, trial transcripts and exhibits, motions, and rulings) to identify relevant facts and issues, and research those claims that might provide a basis for judicial relief. Because post-conviction petitions are not limited to the existing court record, in such cases we also investigate other potentially meritorious claims. While past successes are not necessarily predictors of future results, the following reflect successes Frost | Bussert attorneys have had in correcting errors made at trial or at sentencing through appeals and through post-conviction proceedings:

State v. Komisarjevsky , 25 A.3d 613 (Conn. 2011)
An interlocutory appeal where the Connecticut Supreme Court unanimously held that the trial court’s stated intention to release the defense’s witness list in a high-profile capital case failed to properly account for the defendant’s Sixth Amendment right to a fair trial.

United States v. Derrick Isom , 580 F.3d 43 (1st Cir. 2009)
Waiver of appeal rights commonly found in federal plea agreement was deemed unenforceable. Mr. Bussert has written about the general unenforceability of such waivers.

Kearny v. Commissioner of Correction , 965 A.2d 608 (Conn.App. 2009)
The Connecticut Appellate Court held that the trial court abused its discretion in dismissing the petitioner’s second writ of habeas corpus and remanded the case for further proceedings.

United States v. Goodhue , 486 F.3d 52 (1st Cir. 2007)
A 63-month sentence, which was the product of a guilty plea, was vacated due to improper application of the Federal Sentencing Guidelines.

Ku v. Willingham , 431 F.Supp.2d 265 (D.Conn. 2006)
Martin v. Willingham , 430 F.Supp.2d 82 (D.Conn. 2006)
In each of these challenges to the federal Bureau of Prisons’ “10% Rule,” the District Court declared the restriction unlawful. In neither instance did the government appeal. Mr. Bussert has written about the BOP’s unlawful 10% Rule.

State v. Moore , 903 A.2d 669 (Conn.App. 2006)
Failure to Appear conviction vacated and reversed.

State v. Fabricatore , 875 A.2d 48 (Conn.App. 2005)
Sentence vacated due to the trial court’s misapprehension of the law.

Contact experienced appellate and post-conviction attorneys at the offices of FROST | BUSSERT LLC today to schedule an initial free consultation to discuss your case.

Client Reviews
In 2016 I was wrongfully accused or very offenses I did not commit. After 3 years facing the matter with a public defender I hired attorney Bussert. From the start he was knowledgeable, responsive and aggressive in defending me in court. Before trial he successfully won arguments on what evidence could be presented and other constitutional matters. During trial attorney Bussert dismantled the complainants story via cross examination and effectively turned the prosecutions witnesses into our witnesses. I was facing a lengthy sentence on false charges but I was found not guilty now I can resume my life. I strongly recommend attorney Bussert and his team on any legal matter. Marc
Two years ago my son, a federal inmate, lost all his privileges for 6 years along with 6 months good time. We believe the severity of these sanctions was not deserved. We hired Todd Bussert who guided us through the lengthy process of appeals ultimately leading to filing a 2241 motion the end of July 2018. Two months later Mr. Bussert called to inform me that after reviewing the motion the government decided to drop the case and completely expunge it from my sons record. He got all his privileges back, along with the 6 months good time. This was the best possible outcome and exceeded our expectations. After 2 years I finally got to speak to my son and look forward to visiting him soon. This would not have been the case without the experience and expertise of Todd Bussert. Arlene
Todd was recommended to us by an attorney -- in itself a highly positive statement about Todd's qualifications. Todd helped us obtain a very successful outcome in a federal criminal case. He was very knowledgeable, very competent and responded quickly to questions. It was a true comfort having him on our side and I absolutely recommend him. John
I was fortunate enough to have Mr. Bussert as one of my defense attorneys when I went to trial. He never gave up no matter how may challenges we faced. He has an incredible ambitious passion for what he is hired to do. The team he had working with him was impeccable and resilant in achieving getting me home to my family. I am very grateful for having Mr. Bussert on my side when it was needed. Steve