Dallas Federal Criminal Lawyer

Criminal Appeals and Post-Conviction

An appeal generally occurs after a conviction when the defendant requests a higher (appellate) court to review the trial and determine whether errors were committed that require a retrial or acquittal. If the appellate court finds no reversible error the judgment is affirmed and the sentence must be served; if the court finds error that contributed to the conviction or punishment, the case is reversed and a new trial or punishment hearing may be ordered. Sometimes, though rarely, a case may be reversed and the defendant ordered acquitted, that is, set free (e.g., prosecution failed to provide sufficient evidence of guilt).

There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." Legal error may include:

Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights;
Lack of sufficient evidence to support a verdict of guilty; or
Mistakes in the judge's instructions to the jury regarding your case.

An appeal may be based upon misconduct on behalf of the jurors, or if there is newly discovered evidence of exoneration. Since almost every trial will contain some error, we are only guaranteed a fair trial, not a perfect one. Therefore, a trial court’s decisions will only be reversed when the error is considered harmful, or one that is shown to affect the verdict or the punishment.

The prosecution generally is only entitled to appeal a limited number of orders of a court in a criminal case. For example, the prosecution may appeal an order dismissing all or any portion of an indictment or information, granting a new trial, or granting a defendant's pre-trial motion to exclude evidence or a confession. The prosecution cannot appeal a judge's decision or jury's verdict finding a defendant not guilty of an offense.

The first criminal appeal is decided by a Court of Appeals. There are eleven federal circuit courts of appeals and the state of Texas has fourteen district courts of appeals. Generally a panel of three judges reviews the trial based on the printed record and the written arguments (briefs) prepared by attorneys for both sides. There are no witnesses and no new evidence may be presented.

THE APPEALS PROCESS

This process varies slightly depending upon whether the case is in state or federal court, but there are always time deadlines by which you must file an appeal. The process is begun by filing a Notice of Appeal with the clerk of the trial court. In Texas the notice of appeal must generally be filed with thirty days of sentencing. If a motion for new trial is filed, the deadline is thirty days from the day the motion is denied. In federal court the notice of appeal must be filed within ten days of sentencing.

The defendant must also make arrangements to obtain the record. This consists of the clerk’s record (a copy of all the documents filed with the court) and the reporter’s record (a transcript of everything said in court). After the record is prepared, the appellant, or the party asking for review, must prepare a brief detailing the errors complained of, the status of the law that applies to that type of error, and how that law applies to the facts of this particular case. The other side then has an opportunity to write a brief in response. The court of appeals has the option to either consider the case on the written briefs alone or to allow oral argument. In oral argument each side is given a short time to present their case and answer questions from the panel of judges.

The court of appeals has no deadline for deciding an appeal. The actual length of time will depend on a variety of factors, but most cases take longer than a year.

FURTHER REVIEW

The party that loses in the Court of Appeals has the right to appeal to the Court of Criminal Appeals. Unlike the first appeal which is a right, further appeals are discretionary. This means the Court can deny the petition for review without giving any reasons. Cases that are reviewed typically fall into one of two categories:

those that present issues important to legal practice statewide (or nationwide in federal court cases); or
those where the appellate court decided the case in a way that conflicts with another appellate court.

Additional avenues of further review include federal 2254 and/or 2255 petitions and writs of habeas corpus in both state and federal court.

While any licensed Fort Worth criminal attorney can handle an appeal, many do not have the legal talent, experience or desire to perform the intense research and writing that is required. It is important to seek an attorney experienced in appellate law that can offer the wisest advice and most effective written and oral advocacy. If you or a loved one have been convicted of a crime, you can rest assured that the Dallas criminal appeal and post-convictions lawyers at the Law Offices of Dallas Criminal Attorney have thoroughly demonstrated the talent, experience, and earnest desire to both diligently and aggressively pursue your appellate rights. Contact us today for a free initial consultation.