Legal Grounds for Filing a Criminal Appeal in Texas

A criminal conviction doesn’t have to be the end of your legal journey. The Texas criminal justice system provides opportunities to challenge unfair trial outcomes through the appeals process. While an appeal doesn’t allow for a complete retrial of your criminal case, it offers a way to examine potential legal errors that may have affected the verdict. Understanding the grounds for filing a criminal appeal can help you make informed decisions about your legal options.

How a Criminal Defense and Appeals Lawyer Can Help

A board-certified criminal appeals attorney from Broden & Mickelsen, LLP can bring specialized knowledge and skills to your case. They can ensure that your rights are protected and that your chances of a successful appeal are as favorable as possible. Here are some key ways in which a skilled criminal defense and appeals lawyer can assist you:

Thorough Review of Trial Records

An appeal lawyer for criminal cases in Texas will meticulously examine all aspects of your trial, including transcripts, evidence, and court documents. This comprehensive review allows them to identify potential legal errors, procedural missteps, or instances of ineffective assistance of counsel that may have affected the outcome of your case.

Identifying Grounds for Appeal

With their in-depth understanding of criminal law and the appeals process, your attorney can pinpoint the most compelling grounds for your appeal. They will evaluate the strength of each potential issue and develop a strategic approach to present your case effectively to the appellate court through briefs and oral arguments.

Crafting Persuasive Arguments

Criminal appeals lawyers are skilled in the art of legal writing and oral advocacy. They will construct clear, well-reasoned arguments to present in appellate courts, highlighting legal errors in your case and demonstrating how these mistakes influenced the verdict. By presenting your case in the most favorable light and presenting sufficient evidence that errors occurred, your attorney may be able to have a lower court’s decision reversed or ordered to conduct a new trial.

Managing Complex Legal Procedures

The appeals process involves strict deadlines, specific filing requirements, and intricate legal procedures. Your appeals lawyer will ensure that all necessary documents are filed correctly and on time, preventing any appellate procedure missteps that could jeopardize your appeal.

Protecting Your Legal Rights

Above all, a criminal defense and appeals lawyer is committed to safeguarding your constitutional rights. They will fight tirelessly to ensure that you receive a fair and just outcome, holding the criminal justice system accountable for a legal error or misconduct that may have occurred during your trial.

At Broden & Mickelsen, LLP, we want to ensure you receive a fair trial. We can guide you through the legal process of appealing your case to a higher court and seeking a fair resolution of your case. Contact us today to learn more about how we can help and what our success rate is with the Texas Court of Criminal Appeals.

Who Qualifies to Appeal a Criminal Conviction?

Not every unfavorable verdict qualifies for appeal. The appeals process focuses specifically on legal errors that occurred during your trial. Let’s examine some common grounds that may support an appeal:

Improper Jury Instructions

Trial judges are responsible for guiding jurors through complex legal concepts and explaining how to apply the law to the evidence presented. Even the best-intentioned jurors may reach incorrect conclusions if a trial judge provides incorrect, incomplete, or misleading instructions. Examples of improper jury instructions include:

• Misstatements about the burden of proof
• Incorrect explanations of legal terms or standards
• Failure to include necessary legal definitions
• Confusing or contradictory guidance about weighing evidence

Failure to Properly Admit or Suppress Evidence

Courts must follow strict rules about what evidence they can allow at trial. These rules protect defendants’ rights and ensure trials remain fair. When a trial court makes incorrect decisions about evidence, it can substantially affect the outcome. Common evidence-related errors include:

• Allowing testimony about inadmissible hearsay
• Permitting evidence obtained through illegal searches in violation of the Fourth Amendment
• Excluding legitimate character witnesses
• Allowing prejudicial evidence that outweighs its probative value
• Preventing the defense from presenting relevant evidence

Denial of Pre-Trial Motion

Pre-trial motions play a crucial role in shaping how cases proceed to trial. When judges incorrectly deny these motions, it can affect your entire defense strategy. Several types of motion denials might support an appeal, including the following:

• Motions to suppress evidence from illegal searches
• Motions to exclude unreliable witness identifications
• Motions to dismiss based on the statute of limitations
• Motions to change venue due to prejudicial publicity
• Motions to exclude expert testimony that doesn’t meet legal standards

Jury Misconduct

Jurors must follow strict rules to ensure trials remain fair and verdicts rest solely on properly admitted evidence. When jurors violate these rules, it can compromise the entire legal proceeding. Examples of jury misconduct include:

• Conducting independent research about the case
• Discussing the case with non-jurors during the trial
• Using social media to share information about the proceedings
• Considering evidence that was excluded from the trial
• Lying during jury selection about relevant background information

Ineffective Assistance of Counsel

The United States Constitution guarantees your right to competent legal representation. While not every mistake by a trial attorney supports an appeal, serious errors that affect the outcome of your case might qualify. Usually, however, claims for ineffective assistance of counsel should be brought in a writ of habeas corpus, but they sometimes can be raised in a direct appeal. They include:

• Failure to investigate crucial evidence
• Not calling essential witnesses
• Missing important deadlines
• Failing to object to inadmissible evidence
• Not informing you about plea offers
• Inadequate preparation for trial

Why You Can’t Wait to File a Criminal Appeal

Time is critical in criminal appeals. Texas law requires you to file your notice of appeal within 30 days after sentencing. In most cases, missing this deadline means losing your right to appeal, regardless of how strong your case might be. This makes it essential to consult with an appeals attorney as soon as possible after your conviction.

The appeals process requires careful preparation. Your attorney needs time to:

• Review trial transcripts and court records
• Identify potential legal errors
• Research relevant case law
• Draft persuasive legal arguments
• File necessary documents before deadlines

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

If you believe legal errors affected your trial outcome, we encourage you to speak with our experienced appeals team at Broden & Mickelsen, LLP. With more than 60 years of combined experience, our board-certified appellate specialists have a high success rate in both state and federal appeals processes. We offer thorough case evaluations and can clearly explain your legal options for petitioning the appropriate court of appeals.

Every day matters when your freedom is at stake. Call us today for a free consultation to learn how we can help challenge your conviction. Our experienced criminal appeals attorneys will review your case details and help determine the best path forward for your appeal.