A key aspect of the Texas judicial system, the criminal appeals process gives defendants a way to challenge their conviction and/or sentence. It is important to note that an appeal is not a trial, but a review process where a higher court examines the proceedings of the lower court to identify any legal errors that could have affected the case’s outcome.
If you were convicted in a state or federal court in Texas, you may be able to obtain relief by appealing. There are several legal errors that can be complained of on appeal. In this blog, the experienced appellate lawyers at Hunter, Lane & Jampala PLLC, review some of those errors and share what you need to know about crafting a persuasive appeal.
What Are The Main Types of Criminal Appeals?
Two primary types of appeals exist: direct appeals and post-conviction writs of habeas corpus.
Direct Appeals
Direct appeals occur immediately after a conviction and focus on errors that appear on the trial record. The appellate court reviews the record, which includes transcripts, evidence, and other documentation from the criminal trial, to determine if any legal mistakes were made that could have affected the outcome of the case. If the appellate court finds such errors, it can overturn the conviction, modify the sentence, or order a new trial. The goal of a direct appeal is to ensure that the trial was conducted fairly and by the law.
Post-Conviction Writs of Habeas Corpus
Post-conviction writs, on the other hand, involves issues that may arise after the criminal trial has concluded and the direct appeal has been exhausted. This type of relief often addresses matters that were not apparent on the trial record or that have developed after the conviction. The overall purpose is to address any injustices that occurred outside the original trial record and to provide a mechanism for correcting wrongful convictions, unjust sentences, or errors that could not be addressed on direct appeal.
Common Grounds for Criminal Appeals
There are various grounds for appealing a criminal conviction in Texas. Below are some of the legal and procedural issues that commonly serve as the basis for an appeal.
Illegal Arrest and Interrogation
Illegal arrest claims hinge on the assertion that law enforcement officers lacked probable cause to detain and question you. Under Texas law, an illegal arrest occurs when you are taken into custody without proper legal justification. If the arrest is deemed unlawful, any evidence obtained as a result of that arrest may be inadmissible in court. This includes statements made to the officer when he is interrogating a suspect. Police interrogations typically involve a defendant making statements that are later used against him in trial. The exclusion of these statements and other evidence obtained by an illegal arrest can impact the outcome of a case and serve as a strong basis for an appeal.
Incorrect Jury Instructions
Jury instructions are a key trial step because they educate jurors on the legal standards they must apply when deliberating a case. Incorrect or misleading instructions can lead to a misunderstanding of the law, potentially resulting in an unjust verdict. Appeals based on improper jury instructions argue that the jury was not properly guided, which could have prejudiced your right to a fair trial.
Ineffective Assistance of Counsel
The right to effective legal representation is a cornerstone of the criminal justice system. Ineffective assistance of counsel claims assert that your attorney did not perform competently, which adversely affected the outcome of the trial.
The benchmark case for this claim is Strickland v. Washington, which established that a defendant must show that the attorney’s performance was deficient and that this deficiency prejudiced the defense. Examples include failing to investigate key evidence, not calling critical witnesses, or providing incorrect legal advice.
Sentencing Errors
Sentencing errors occur when a trial judge imposes a sentence that is either outside the statutory range or based on an incorrect application of the sentencing guidelines. These errors can include miscalculating the sentence, imposing an illegal sentence, or not considering mandatory factors. These errors are grounds for appeal as they can lead to unjustly harsh punishments.
Insufficient Evidence to Support the Guilty Verdict
For a conviction to stand, the evidence presented at trial must be sufficient to prove your guilt. This means that every element of the offense must be proven beyond reason doubt. Appeals on the grounds of insufficient evidence argue that no rational jury could have found you guilty based on the evidence presented. This standard can be difficult to meet, as appellate courts give deference to the jury’s findings, but it is a critical protection against wrongful convictions.
Prosecutorial Misconduct
Prosecutorial misconduct refers to actions taken by the prosecutor that violate legal or ethical standards, potentially impacting the fairness of the trial. Examples include withholding exculpatory evidence, making improper arguments to the jury, or using false testimony. Such misconduct can undermine the integrity of the judicial process and is a valid ground for appeal.
Additional Grounds for Appeal
Other potential grounds for appeal include violations of constitutional rights, juror misconduct or bias, and the discovery of new evidence that could not have been reasonably found before the trial. Constitutional violations might involve breaches of the Fourth Amendment (unreasonable searches and seizures) or the Sixth Amendment (right to confront witnesses, right to a speedy trial). Juror misconduct includes situations where jurors fail to follow court instructions or exhibit bias. New evidence appeals assert that previously unavailable information could alter the trial’s outcome if considered.
Preparing for an Appeal in San Antonio: Hiring a Criminal Appeal Lawyer
When you want to appeal, you need an experienced lawyer with a strong and successful appellate practice. A criminal appeal lawyer will start by thoroughly reviewing the trial record and looking for any legal errors that may have occurred during the trial, such as improper jury instructions, prosecutorial misconduct, or ineffective assistance of counsel. They will also conduct extensive legal research to support the arguments for the appeal.
Once potential errors are identified, the lawyer will prepare a detailed legal brief. This document outlines the errors found and argues why the conviction or sentence should be overturned or modified. The brief is a critical component of the appeal, as it presents the case to the appellate court.
Choosing the right criminal appeal lawyer is vital for a successful appeal. Look for someone who has experience with criminal appeals and a strong understanding of appellate law. They should have a track record of handling similar cases and be able to provide references or case outcomes that demonstrate their ability.
A good criminal appeal lawyer will also communicate clearly, keeping you informed about the progress of your case and explaining complex legal concepts in an accessible manner. They should be dedicated to thoroughly reviewing your case and advocating for the best result.
How Do You Appeal a Criminal Case?
To start the appellate process, a notice of appeal must be filed within 30 days of the court pronouncing the verdict. Missing this deadline forfeits the right to appeal. Along with the notice of appeal, your lawyer might file a motion for the appointment of appellate counsel, especially if you cannot afford one. This protects your right to have legal representation during the appeal.
Preparing the Appeal Record
The next step involves preparing the appeal record, which includes all documents, evidence, and transcripts from the original trial. The appellate court reviews this entire record to identify any legal errors. No new evidence or witness testimony is presented; the focus is strictly on the original trial’s documentation.
The Appeals Process
Your attorney will file an opening brief, outlining the arguments for why the conviction or sentence should be overturned. The prosecution then files a response brief, defending the trial court’s decision. Your lawyer may file a reply brief in response to the prosecution’s arguments. In some cases, the court may schedule oral arguments, where both sides present their cases and answer questions from the judges. Each side typically gets 20 minutes.
After reviewing the briefs and oral arguments, the appellate court will issue a written opinion. The court can affirm the conviction, reverse it, or remand the case back to the lower court for further proceedings.
If the Appeal is Denied
If the appeal is unsuccessful, your lawyer has 15 days to file a motion for rehearing. If this is also denied, a petition for discretionary review can be filed with the Texas Court of Criminal Appeals within 30 days. This petition is a request for the highest criminal court in Texas to review the case.
If this court denies the petition, the state-level appeals are exhausted, but you may still have the option to file a writ of certiorari with the U.S. Supreme Court or pursue a post-conviction writ of habeas corpus in federal court. This option, which involves more complicated legal procedures, is normally only pursued if significant constitutional issues are at stake.
Is Appealing the Same as Filing a Motion for a New Trial?
No, appealing a criminal conviction and filing a motion for a new trial are distinct legal mechanisms that serve different purposes within the justice system.
A motion for a new trial is a request made to the trial court that heard your case, asking for the trial to be conducted again. Your lawyer may suggest this option if there were errors during the trial that could have affected the verdict. The primary aim of this motion is to correct errors that occurred during the original trial. If granted, the original trial is set aside and a new one is conducted. Filing a motion for a new trial can also extend the deadline for filing a notice of appeal to 90 days, giving you additional time to consider an appeal if the motion is denied.
Questions? Contact a San Antonio Appellate Attorney Today
When you want to appeal a criminal conviction or sentence in Texas, the right appellate lawyer can provide you with both diligent representation and peace of mind. At Hunter, Lane & Jampala PLLC, our skilled lawyers can review your trial record to pinpoint potential grounds for an appeal and offer straightforward and confident guidance throughout the process. Don’t leave your freedom and future to chance- contact us today at (210) 202-1076 or fill out our online contact form to schedule a confidential consultation and we’ll be in touch.
