The Basics of Appeals in Texas

An appeal—whether state or federal—is a request for the next higher level of court to review a lower court’s decision. The state of Texas has a three-level court system that provides two levels of appeal that will typically be navigated with the help of a criminal appeal attorney. Appeals of county and district court final decisions can be heard in one of the fourteen courts of appeal in the state of Texas. For all practical purposes, these fourteen appellate courts are autonomous, meaning they are not required to follow other decisions made by appeal courts. The federal system’s thirteen circuits are likewise independent of one another.

In order to be “appealable,” there must have been a final judgment or order in the case. While there are (very rare) exceptions, Texas does not permit appeals made in the middle of a case. In the federal system, review by the highest court—the U.S. Supreme Court—is both limited and discretionary. Intermediate federal appellate courts are the last resort for the majority of cases. Different appellate courts may reach conflicting results that the Supreme Court could choose to let stand.

The biggest distinguishing factor between trial and appellate courts is that among appellate courts there is a presumption in favor of the judgment issued by the trial court. In other words, the trial judgment is presumed to be correct unless and until it can clearly be shown there were errors during the trial. Not only must it be shown there was an error during the trial, but it must also be shown the error was harmful—that there would have been a different outcome if the errors had not existed. As you might imagine, this is a substantial burden of proof. An experienced criminal appeal attorney from Burns & Davis has a thorough understanding of the fundamental differences between trials and appeals.

There are substantial procedural distinctions between appellate and trial courts and between state appellate courts and federal appellate courts. This dictates that the strategies employed are also very different. What worked in a trial court may have no place in a Court of Appeals. Appeals depend heavily on written work while a trial depends on the ability of your attorney to clearly communicate with other lawyers, judges, witnesses, and jurors.

Everything an appellate lawyer has to say must find its way into a brief that the appellate judges will review in their chambers. An actual oral argument may last only a few minutes and have little impact on the outcome of the case. Your Burns & Davis attorney has extensive experience in state and federal appeals and will use this experience on your behalf for the best outcome possible.

It is also important to remember that the only issues that can be brought on appeal must have been addressed in the original trial. This makes choosing a Fort Worth criminal defense attorney imperative to your success on appeal. They will know all the right things to say to preserve your right to an appeal.

How Do State and Federal Appeals Differ?  

At the state level, you have 30 days from the date of your verdict being pronounced in open court in which to file an appeal. Appeals don’t involve new information, but rather revolve around a review of the case for mistakes that were made by the trial judge or your own attorney. These errors may be discovered by an examination of the trial transcript or the record from the court clerk. Your attorney has 30 days from the time the written records are filed to file an opening brief or request an extension. The opposing party will then submit a brief in response—and your lawyer will respond to that brief in a timely manner. The briefs from both sides will be reviewed. In some instances, a short amount of time may be allotted for the presentation of oral arguments. The decision of the appellate court will be delivered via a written opinion.

The appeals court does not consider guilt or innocence, rather they review the verdict of the lower court and consider whether the evidence presented supports that verdict. If you lose at appeal, you will be given only 15 days to ask the court for a rehearing. If that request is denied, you will have 30 days in which to file with the Texas Court of Criminal Appeals a petition for discretionary review.  Once all your state appeals are exhausted, you have the option of filing a 2254 writ of habeas corpus which challenges a state verdict in federal court.

Federal appeals (like state appeals) cannot begin until the final judgment of conviction—except in very rare instances. A notice of appeal must be filed within 14 days of the judgment. The Court of Appeals will enter an order that establishes a schedule for filing briefs. Your attorney must obtain all the necessary transcripts from your trial, assembling the “record” on appeal. This record includes relevant motions, transcripts, and trial exhibits. Your attorney will submit a brief that makes every valid argument for reversing a judgment.

The arguments must be presented clearly and concisely since no arguments can be made that are not contained in the brief. The majority of federal criminal appeals are decided on the briefs, meaning without an oral argument. After all federal appeals are exhausted, a 2255 writ of habeas corpus may be filed. Federal appeals can take a very long time—from nine months to two years.

An appeal will either affirm or reverse the trial court’s judgment. If the trial court’s decision is reversed, your charges might be dismissed immediately, a new trial might be set, or you could be re-sentenced. The Burns & Davis attorneys can handle both state and federal appeals at any level. We bring a unique, broad range of criminal law experience in niche areas of appellate law, including 11.07, 2254, and 2255 writs of habeas corpus.

FAQs 

  • What does the Court of Appeals do? The task of the Court of Appeals is only to determine whether or not the law was applied correctly in the trial court and whether legal errors were made during your trial. In some instances, the legal error could rest on the ineffectiveness of counsel—your trial attorney failed to call a crucial witness, failed to follow up on evidence, or in some other way failed to fully represent you.
  • Is a writ the same as an appeal? An appeal is a petition to a higher (appellate) court in an attempt to overturn the ruling of a lower court. A writ of habeas corpus is a directive from a higher court that orders a lower court to take a specific action in accordance with the law. A direct appeal is filed through the appellate court, while the habeas corpus process is filed and managed through the court of conviction. A writ of habeas corpus is often seen as the last resort to legally dispute a conviction and incarceration.  

How Can a Criminal Appeal Attorney from Burns & Davis Help?

You could significantly benefit from speaking to an experienced criminal appeal attorney from Burns & Davis for an appeal or writ of habeas corpus. Our passion for justice benefits you at every turn during the appeals process. Our experience and dedication ensure your appeals process goes smoothly and has the very best chance of success. The Burns & Davis attorneys have a legacy of excellence, built for the challenges you are facing. Contact Burns & Davis today for a comprehensive consultation regarding your right to appeal.