What Do I Need to Know About Filing a Criminal Appeal?

Filing a Criminal Appeal in Texas

A guilty verdict can turn your world upside down, especially if you believe the trial court got it wrong. A criminal appeal gives you the chance to challenge the decision by exposing and addressing mistakes made during your trial. Success requires a clear understanding of the court system, strict adherence to procedural rules, and meeting critical deadlines. Speaking with a criminal defense lawyer can make all the difference in fighting for justice — and your freedom.

Understanding the Court Structure

Understanding the court structure is essential because it determines where and how a criminal defendant or attorney might approach a criminal appeal. Different levels of the court system (state or federal) review appeals based on jurisdiction and specific rules. Most criminal appeals begin in the appeals court, where judges review the trial court’s decision to determine if any errors occurred that affected the outcome. Knowing the proper court to approach ensures your appeal follows the correct path and meets all procedural requirements, giving your case a fair chance.

Levels of Appeal

Here is an overview of the court structure if your original case was tried in a Texas state court.

State Courts

In Texas, state criminal appeals go to the Texas Court of Appeals, which is divided into 14 regional courts across the state. These appellate courts review decisions from trial courts to determine whether an error occurred in procedure or law in a careful judicial process.

Texas Court of Appeals judges evaluate whether errors occurred during the trial that could have impacted the verdict. These may include improper evidence admission, incorrect jury instructions, or other legal mistakes.

The court can affirm the original decision, reverse the verdict, or remand the case for a new trial.

If the Texas Court of Appeals denies your appeal, you can escalate your case to the Texas Court of Criminal Appeals, the highest criminal court in the state.

Federal Courts

For federal criminal cases, appeals go to the United States Court of Appeals for the circuit that covers your region. Federal cases generally involve violations of federal laws, crimes committed on federal property, or issues involving constitutional rights that were not resolved at the state level. Here is a more detailed look at the appeals process at the federal level:

  • Role of Federal Appeals — The United States Court of Appeals does not retry cases or hear new evidence. The appellate review analyzes the lower court’s findings to determine whether legal errors occurred, such as improper application of federal laws, violations of constitutional rights, or procedural missteps by the trial court.
  • The Appeals Panel — A panel of three judges reviews federal appeals. These appellate judges examine the written briefs submitted by both sides. The panel may also hear oral arguments, where legal counsel clarifies points and answers the judges’ questions.

There are three possible outcomes of federal appeals:

  • Affirmation — If no significant errors are found, the court upholds the original decision.
  • Reversal — If substantial errors are identified, the court can overturn the trial court’s decision.
  • Remand — The case may be sent back to the trial court for additional proceedings or a new trial.

United States Supreme Court

If the federal court of appeals denies the appeal, defendants may petition the United States Supreme Court. Unlike lower courts, the Supreme Court has discretionary jurisdiction, meaning the court determines which cases to hear. The criteria for the highest court to accept cases is stringent and limited to:

  • Cases that address fundamental questions about the interpretation of the Constitution, such as the right to a fair trial or due process
  • Situations where different appellate courts have issued conflicting rulings on the same legal issue
  • Cases that have broad implications for federal law or public policy

The Supreme Court’s decision is final and binding.

Legal Process to File a Criminal Appeal

The criminal appeal process involves several critical steps, each requiring attention to detail and adherence to appellate standards.

Here is an overview of this process:

  • Notice of Appeal — The first step is filing a notice of appeal with the trial court to challenge the guilty verdict and initiate the appeal by the deadline.
  • Appellate Record — An attorney prepares a record with trial transcripts, evidence, and relevant documents from the lower court, forming the basis of a criminal defendant’s case.
  • Appellate Brief — This written argument outlines the legal grounds for your criminal appeal, highlighting legal errors that may have impacted the trial court’s decision.
  • Oral Arguments — In some cases, the court of appeals may allow each side to clarify points and answer questions from judges during an oral argument.
  • Decision — The court of appeals reviews the record and briefs, then issues a decision to affirm, reverse, or remand the trial court’s decision.

Deadline to File a Criminal Appeal in Texas

There are strict deadlines in Texas for filing criminal appeals. Missing the deadline can jeopardize your right to appeal, as Texas courts rarely grant extensions. Here are the most common deadlines for filing a criminal appeal:

  • Non-Death Penalty Cases — In most criminal cases, you have 30 days after the guilty verdict to file your notice of appeal.
  • Death Penalty Cases — Death penalty cases are usually exempt from the 30-day deadline because they are typically more complex to appeal.

Contact an Experienced Criminal Defense and Appeals Lawyer for Legal Advice and Assistance

The criminal appeals process is complex, and the stakes are high. If you believe mistakes influenced your guilty verdict, contact Broden & Mickelsen, LLP. Our experienced criminal defense and appeals lawyers can review the trial record, craft a targeted appeal, and argue your criminal case before the appropriate court. With over 60 years of combined experience, our board-certified criminal law and appellate specialists deliver comprehensive defense at trial and appellate levels in federal and state cases, with proven success in post-conviction relief. Call today for a free consultation.