Understanding Criminal Appeals in Texas – Wilkerson & Campbell Law

At Wilkerson & Campbell, we recognize that a conviction isn’t necessarily the end of the legal road. The Texas appeals process offers a critical opportunity to challenge legal errors, protect your rights, and potentially overturn unjust outcomes. Our experienced appellate attorneys are here to guide you through this complex process.

What Is a Criminal Appeal?

A criminal appeal is a formal request for a higher court to review and potentially overturn a conviction or sentence due to legal errors made during the trial. Unlike a retrial, an appeal doesn’t involve presenting new evidence but focuses on issues such as:

• Improper admission or exclusion of evidence

• Incorrect jury instructions

• Prosecutorial misconduct

• Ineffective assistance of counsel

• Sentencing errors(Justia Law)

The Texas Criminal Appeals Process

In Texas, the appeals process follows a structured path:

1. Filing a Notice of Appeal

A defendant must file a Notice of Appeal within 30 days of sentencing. If a motion for a new trial is filed, this deadline extends to 90 days. Missing this deadline can forfeit the right to appeal. (TDCAA, Conroe Criminal Defense Lawyer | TX)

2. Intermediate Appellate Review

Most criminal appeals are first heard by one of Texas’s 14 Courts of Appeals. These courts review the trial record to determine if legal errors occurred that could have affected the outcome.(Texas Courts)

3. Texas Court of Criminal Appeals

As the state’s highest court for criminal matters, the Texas Court of Criminal Appeals has discretionary review over cases from the intermediate appellate courts. However, it automatically reviews cases involving the death penalty. (TSHA Online, Findlaw)

Grounds for Appeal

Common grounds for appealing a criminal conviction in Texas include:

• False Arrest: Challenging the legality of the arrest due to lack of probable cause or warrant. (Criminal Appeals Advocates, P.C.)

• Improper Evidence Admission: Arguing that evidence was wrongly admitted or excluded, affecting the trial’s fairness.

• Ineffective Assistance of Counsel: Demonstrating that the defense attorney’s performance was deficient and prejudiced the defense.

• Prosecutorial Misconduct: Highlighting inappropriate actions by the prosecution that infringed upon the defendant’s rights.

Post-Conviction Relief: Habeas Corpus

If direct appeals are unsuccessful, defendants may seek post-conviction relief through a writ of habeas corpus. This process allows for challenges based on new evidence, constitutional violations, or ineffective assistance of counsel. In Texas, Article 11.07 governs habeas corpus procedures for non-death penalty cases. (apnews.com, Criminal Appeals Advocates, P.C.)

Our Approach to Criminal Appeals

At Wilkerson & Campbell, we provide comprehensive appellate services:

• Case Evaluation: Thoroughly reviewing trial records to identify appealable issues.

• Legal Research and Brief Writing: Crafting persuasive appellate briefs grounded in solid legal precedent.

• Oral Arguments: Presenting compelling arguments before appellate judges.

• Post-Conviction Strategies: Pursuing habeas corpus relief when appropriate.

Take the Next Step

If you believe your conviction or sentence resulted from legal errors, don’t hesitate to seek experienced legal counsel. Contact Wilkerson & Campbell at 844-849-9789 to schedule a consultation. Our dedicated appellate attorneys are committed to advocating for your rights and pursuing justice on your behalf.