You have the legal right to appeal a court’s verdict against you in both criminal and civil cases. When you request an appeal, you’re not asking for a new trial with new evidence. Rather, you are requesting that a higher court review the process by which the lower court arrived at its decision.
Texas Appeals Courts and Appellate Attorneys
In the state of Texas, you and your attorney have 30 days to file an appeal.
The Texas Court of Appeals has 14 courts, each with jurisdiction over a specific geographic area. The number of judges who sit on these courts varies with the geographic area, but there will always be at least 3: a chief justice and at least two other justices. Appeals justices are elected.
If you’re appealing a conviction rendered in a criminal case, you will be petitioning the Court of Criminal Appeals of Texas. This court is located in Austin, the state capital, and is served by 9 justices, each of whom has been elected to a term of 6 years.
Your appeal may not be handled by the same criminal defense attorney who represented you at your original trial, but rather by an attorney who specializes in appeals. This lawyer (known as an appellate attorney) is highly skilled at placing facts gleaned from the transcripts and exhibits of trial proceedings into the larger context of applicable laws. Criminal lawyers and appellate attorneys may often work side by side at the same law firm.
If you don’t have the means to pay, your criminal attorney can file a motion for a court-appointed appellate attorney at the same time your appeal is filed.
Criminal Appeals Process in Texas
It’s important to keep in mind what the appeals process is—and what it isn’t.
The appeals process is stipulated at length in the Texas Rules of Appellate Procedure, which make it clear that you and your original attorney must choose between filing a motion for an appeal or petitioning for a new trial.
The strength of your attorney’s motion for an appeal rests on whether or not legal errors occurred during the original trial. Such errors must be part of the written record, which means the court reporter’s record and the court clerk’s record must be obtained.
Once these records have been secured, the appellate attorney has 30 days to prepare a brief that addresses the legal errors that occurred during the original trial. If he or she needs more than 30 days for this task, the lawyer can ask for an extension.
The district attorney’s office will then submit a response brief, after which your attorney can submit a rebuttal brief that addresses the points made by the DA.
The judges will then review the written records of the original trial as well as the briefs prepared by the participating attorneys. This process is called a legal sufficiency review. Sometimes the judges will also present the two opposing sides with the opportunity to make oral arguments.
If the Texas Court of Appeals turns down your appeal, you still have options.
Your attorney will have 15 days to file a motion for a rehearing and 30 days to petition for discretionary review from the Texas Court of Criminal Appeals.
As you can see, appeals are complex processes, and working with an appellate attorney who’s knowledgeable and experienced in this field is the most effective way of protecting your rights.
