Next Steps if Your Criminal Conviction and Sentence Are Affirmed
What happens when an appeal from a conviction is denied? If you’re wondering about your next steps if you lose a criminal appeal in Texas, don’t lose hope. If an appellate court affirms a case, it means it has reviewed the trial court ruling and determined that it was legally correct. This upholds the original conviction and sentence, leaving them unchanged. However, having your conviction or sentence affirmed on appeal doesn’t necessarily mean this is the end of the road.
An experienced criminal appellate attorney can help you identify all the possible options you might have. For example, you might be able to file a motion for a new trial, seek relief through an application or petition for a writ of habeas corpus, or prepare a petition for review to a higher court. Your lawyer can guide you through all the procedural steps, prepare the necessary legal documents, and represent you effectively in further hearings. Here’s what you need to know about your next steps if your conviction was affirmed during the appeals process.
Motion for Rehearing
If the appellate court affirms your conviction or sentence, your lawyer might consider filing a motion for rehearing as part of the appellate process. This type of motion requests the appellate court that heard your case to reconsider its decision. Your lawyer might ask for a rehearing if they believe the court overlooked or misunderstood key facts or legal principles in your case.
There are two main types of rehearings your lawyer can request: a rehearing by the same panel or a rehearing en banc. If your criminal lawyer files an appeal for a rehearing by the same panel, they’re asking the same judges who initially decided your appeal to reexamine their decision. This might be a reasonable strategy if your lawyer thinks a judge could change their opinion upon reviewing specific issues or evidence.
On the other hand, a rehearing en banc involves a larger group of judges from the appellate court, not just the panel that originally heard your case. Your lawyer could request this type of rehearing if they believe that the issue at hand is so significant that it requires more judges to weigh in than were originally involved. This can be practical in cases where the decision might have broader legal implications or if your lawyer thinks the panel’s decision could conflict with the court’s other rulings.
Petition for Discretionary Review
A petition for discretionary review is another alternative. This petition is a request your lawyer submits to a higher court, asking it to review the appellate court’s decision. However, it’s worth noting that filing this petition does not guarantee that the higher court will agree to hear your case.
Discretionary review means that the higher court can either take up your case for review or decline to hear it. This choice is based on factors like the significance of the legal issues your case presents and the impact the appellate court’s decision could have on the law as a whole. Essentially, the court will decide whether your case involves matters that need further examination or clarification for the legal community and the public.
In Texas, the Texas Court of Criminal Appeals handles petitions involving criminal convictions. This court is the highest court in Texas for criminal cases. When your lawyer files a petition for discretionary review, they are essentially making a case for why your appeal should be one of the few the Texas Court of Criminal Appeals selects for further examination.
Writ of Certiorari to the United States Supreme Court
If you face a final decision in your case that seems unjust, your lawyer might consider filing a petition for a writ of certiorari to the Supreme Court of the United States (SCOTUS). This action is a formal request asking the Supreme Court to review the decision made by a lower court. It’s important to know that this step is not an automatic part of the appeals process, nor is it available to everyone. You must meet specific criteria to appeal against a sentence at this level.
SCOTUS typically accepts cases that have national significance, address conflicting decisions among federal circuit courts, or involve significant constitutional questions. The court receives thousands of petitions each year but only agrees to hear a small percentage of cases that could have a wide-reaching impact on the law.
Submitting a writ of certiorari to the United States Supreme Court involves presenting a compelling argument that your case merits the Supreme Court’s attention. This requires a detailed presentation of the facts and legal questions your case raises, highlighting why it is a case of great importance that calls for a review by the country’s highest court. If the Supreme Court agrees to hear your case, it will conduct a full review. After its review, the court will issue a decision that could uphold or overturn your sentence and possibly even set a new legal precedent.
Writ of Habeas Corpus
An application or petition for a writ of habeas corpus is a legal tool that one can also use to challenge the legality of a detention. This writ applies to anyone held in a federal, state, or local facility, including prisons, detention centers, and mental health institutions. It’s particularly relevant if you think your rights under the Constitution have been violated. For example, if you were detained without proper legal representation or your trial did not meet the required legal standards, your lawyer could file a writ of habeas corpus to request your release.
When your lawyer files an application or petition for a writ of habeas corpus, they must show that your custody lacks legal justification. This could involve pointing out flaws in your arrest, the charges against you, or the conditions of your confinement that violate constitutional protections. The court reviewing your petition will examine the facts and decide whether the authorities have a legitimate reason to keep you detained.
Contact a Texas Criminal Appeals Attorney Now
If you need help understanding your legal options or pursuing further appeals after your criminal conviction was affirmed, contact Broden & Mickelsen, LLP. Our firm has a strong track record of success in post-conviction relief proceedings, where we have helped many clients secure favorable outcomes. Contact us today for a free consultation to discuss your case.