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 “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 our 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 Attorneys Kate O’Connell, Sandie Gant and James Reidy in our office review 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.
“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
CPCS can only assign attorneys to indigent individuals. Individuals who have most recently been represented by a privately-retained attorney or who 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. Please complete this packet and follow its instructions for submitting it. Incarcerated individuals should also obtain a canteen statement in support of their request to be found indigent.
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 [email protected]
- 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 [email protected].
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 successfully complete the post-conviction certification training, and must agree to moot their first three oral arguments and work with an appellate mentor.
The certification training is held in the fall and in the spring. The certification training program consists of three in-person days that are scheduled over 6 weeks. During the in-person days, participants meet for lectures, group workshops, and individual feedback sessions. Lunch is provided. In addition to the in-person work, participants are required to complete written assignments and view online lectures on their own time. Participants should expect to spend about 6-7 hours in total on the training homework. Because the certification training requires a significant time commitment, and successful completion requires that participants attend all in person days and complete all assignments, it is important that participants plan to manage their other work well. After the training, participants will be prepared to begin post-conviction work.
Acceptance onto the post-conviction panel is on a provisional basis. To become a permanent member of the panel, the attorney must successfully complete the mentor program.
Attorneys certified for appeals and post-conviction assignments may receive assignments in criminal appeals, new trial motions, motions for relief from unlawful restraint, motions to revise and revoke, sentence appeals, case screenings, and other post-conviction matters. Attorneys must accept at least two criminal post-conviction assignments every two fiscal years (unless this requirement is waived by the Director of Private Counsel Criminal Appeals. Please use this link to request waiver.
Application Process
The applicant should submit an application through the CPCS online portal or directly to the Director of Criminal Appeals via email with an attachment (Elizabeth Dembitzer at [email protected]). The application should include (1) a cover letter describing (a) 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 and (b) how the applicant intends to incorporate post-conviction assignments into the applicant’s current practice; (2) a current resume; (3) two legal writing samples, preferably at least one of which addresses a criminal law issue; and (4) 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.
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
Director
617-910-5830
[email protected]
- Questions about cases or client relations
- Assignment of mentors or co-counsel
- Withdrawing or dismissing an appeal
- Authorization to file a new trial motion or federal habeas petition
- Send screening reports with checklists
- Applications for the post-conviction panel or superior-court or murder certification
Kerry Lee
Case Record Paralegal
617-910-5807
[email protected]
- Assistance with obtaining transcripts or other case record documents
Sandie Gant
Private Panel Support Attorney
617-910-5058
[email protected]
- Questions about cases or client relations
- Screening requests and questions about screening assignments
- Questions about new trial motion practice
Dolly Mele
Supervising Assignment Coordinator
617-910-5796
[email protected]
- Questions about NACs for mentors, co-counsels, re-assignments
- Questions about our assignment process
- Questions about becoming a CPCS vendor and vendor/new attorney related questions
Matt Harper-Nixon
Private Panel Support Attorney
617-910-5795
[email protected]
- Questions about cases or client relations
- Scheduling moot arguments or brainstorming sessions
- Newsletter or training ideas
Meg Rodriguez
Panel and Case Assignment Administrator
617-910-5803
[email protected]
- Send filed briefs/motions with checklists
- News for the newsletter
- Questions about cases available for assignment
Kate O’Connell
Private Panel Support Attorney
617-910-5776
[email protected]
- Questions about cases or client relations
- Screening requests and questions about screening assignments
- Questions about new trial motion practice
LaToya Shuler
Office Administrator
617-910-5838
[email protected]
- CLE hours
James Reidy
Private Panel Support Attorney
617-910-0989
[email protected]
- Questions about cases or client relations
- Screening requests and questions about screening assignments
- Questions about new trial motion practice
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 [email protected].
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.
David Barend
508-316-1171
[email protected]
Lisa Billowitz (legal writing)
617-738-7733
[email protected]
Eric Brandt (legal writing; appellate procedure)
617-739-1412
[email protected]
Edward Crane (Padilla cases, new trial motions)
617-851-8404
[email protected]
Kelly Cusack (Padilla cases, new trial motions)
781-688-0119
[email protected]
Joshua Daniels
617-942-2190
[email protected]
Alexandra Deal
617-439-0150
[email protected]
Ruth Greenberg
781-632-5959
[email protected]
Linsday Kanter (new trial motions; trial court practice)
781-206-2548
[email protected]
Catherine Sullivan Ledwidge
774-451-5649
[email protected]
James McKenna
774-317-0983
[email protected]
Nick Matteson
857-415-1608
[email protected]
Michael Nam-Krane
617-553-2366
[email protected]
David Nathanson
(murder cases and federal habeas petitions)
617-248-1806
[email protected]
Cathryn Neaves
(murder cases and federal habeas petitions)
978-475-0609
[email protected]
Erin Opperman
617-945-6020
[email protected]
Suzanne Renaud (legal writing; stay of execution of sentence)
508-399-1060
[email protected]
Anne Rousseve (interlocutory appeals; suppression issues; legal writing)
617-655-2062
[email protected]
Tim St. Lawrence
508-431-3005
[email protected]
James Sultan
617-720-0011
[email protected]
Dennis Toomey
978-773-0189
[email protected]
Philip Weber
617-202-6651
[email protected]
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 ([email protected]) 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 [email protected].
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 [email protected].
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.