After a state conviction in Texas, many people ask, “Can you appeal a criminal case?“ If you get convicted and sentenced or otherwise have a trial court rule against you in an appealable order, you may be able to challenge the court’s judgment by filing appeals with appellate courts in Texas.
Can You Appeal a Criminal Conviction in Texas?
You may appeal a criminal conviction in Texas if you can prove the trial court made a legal error in a decision or denied you due process during your prosecution. An appeal does not allow you to retry your case in the appeals court. Instead, you might highlight issues such as:
- The trial court gave improper jury instructions.
- The trial court erroneously admitted or excluded evidence or witness testimony.
- The trial court improperly overruled objections during the trial.
How Do I Start a Criminal Appeal in Texas?
Appealing a criminal conviction in Texas begins when your criminal defense lawyer files a notice of appeal with the trial court clerk. A notice of appeal must indicate your intent to appeal a conviction and sentence or another appealable order by the trial court. The notice should also state the orders or decisions you wish to appeal. You need to act quickly because you only have 30 days to file your notice of appeal following a state conviction.
How Many Times Can You Appeal a Conviction in Texas?
You have the right to file an appeal in Texas’s intermediate appellate courts, the Court of Appeals. The Court of Appeals must hear a convicted defendant’s timely filed appeal. However, should the court uphold your criminal conviction, you can petition Texas’s highest court for criminal cases, the Court of Criminal Appeals, to review the trial court’s and Court of Appeals’ rulings. The Court of Criminal Appeals typically exercises discretionary review, which means it can decline to hear an appeal, except for cases involving the death penalty or the denial of bail.
Finally, when the Court of Criminal Appeals declines to hear your appeal from the Court of Appeals or lacks jurisdiction to hear an appeal, you can further appeal a violation of your federal constitutional rights to the United States Supreme Court. The Supreme Court also exercises discretionary review over state criminal cases involving federal constitutional issues.
How Long Do You Have to Appeal a Conviction in Texas?
Under the Texas Rules of Appellate Procedure, you must file your notice of appeal within 30 days after the court imposes or suspends a sentence or enters an appealable order or within 90 days after the trial court imposes or suspends a sentence when you file a timely motion for a new trial.
If you choose to appeal to the U.S. Supreme Court, you must file a petition for writ of certiorari with the clerk of the Court within 90 days of the date that the Texas Court of Criminal Appeals denies discretionary review.
Contact an Experienced Criminal Appeal Lawyer in Texas for Legal Guidance and Representation
Following a conviction in Texas, you have the right to appeal errors made by the trial court, but you need a knowledgeable criminal appellate lawyer to guide you through the appeals process and advocate on your behalf. Contact Broden & Mickelsen, LLP today for a free, confidential case evaluation with a Texas criminal appellate attorney to discuss your legal options.
