Appeals Process in Texas

Understanding the criminal appeals process in Texas is important when challenging a conviction or sentence. Below is an overview of the steps involved in a direct appeal, common grounds for appeal, and the separate process for filing an Article 11.07 Writ of Habeas Corpus.

Steps in the Criminal Appeals Process

1. File a Notice of Appeal

After the conviction or sentence is entered, the defendant must file a Notice of Appeal with the trial court.

• In most Texas criminal cases, the notice must be filed within 30 days after sentencing.
• If a timely motion for new trial is filed, the deadline is generally extended to 90 days after sentencing.

2. Obtain the Record

The appellate court reviews the record from the trial court, which includes:

• Clerk’s Record: Pleadings, motions, and orders.
• Reporter’s Record: Trial transcripts.

3. Prepare and File an Appellate Brief

The appellant (the person appealing) files a brief explaining the legal errors made by the trial court, such as:

• Improper admission or exclusion of evidence
• Jury instruction errors
• Prosecutorial misconduct
• Insufficient evidence
• Constitutional violations
• Sentencing errors

4. State’s Response

The prosecutor may file a response brief arguing why the conviction or sentence should be upheld.

5. Oral Argument (If Granted)

The appellate court may allow attorneys to present oral arguments and answer the judges’ questions.

6. Appellate Court Decision

The appellate court may:

• Affirm the conviction (leave it unchanged)
• Reverse the conviction
• Order a new trial
• Modify the sentence
• Remand the case back to the trial court

7. Further Appeals

If the decision is unfavorable, additional review may be sought:

• In Texas criminal cases, a Petition for Discretionary Review may be filed with the Texas Court of Criminal Appeals.
• In certain circumstances, federal habeas corpus relief may be available after state remedies are exhausted.

Common Grounds for Appeal

Common grounds for challenging a criminal conviction or sentence may include:

• Legal errors during trial
• Ineffective assistance of counsel
• Insufficient evidence
• Juror misconduct
• Judicial misconduct
• Constitutional violations

Texas Criminal Appeal Example

If a defendant is convicted in a Dallas County criminal court, the appeal typically goes first to the Texas Court of Appeals for that district. After that, review may be sought from the Texas Court of Criminal Appeals, which is the highest court for criminal matters in Texas.

Important: An appeal is generally not a new trial. The appellate court usually reviews the existing record to determine whether legal errors occurred that affected the outcome.

Texas Article 11.07 Writ of Habeas Corpus

A Texas Article 11.07 Writ of Habeas Corpus is different from a direct appeal. Article 11.07 is a post-conviction remedy used to challenge a felony conviction after the conviction has become final.

It is filed in the convicting court and ultimately decided by the Texas Court of Criminal Appeals.

For additional information, see:

• Texas Code of Criminal Procedure, Article 11.07 – FindLaw
• Texas Code of Criminal Procedure – Official Texas Statutes

Common Grounds for an Article 11.07 Writ

Common grounds for an Article 11.07 writ include:

• Ineffective assistance of counsel
• Newly discovered evidence
• Constitutional violations
• Prosecutorial misconduct
• Actual innocence claims
• Other legal defects that make the conviction or confinement unlawful

Additional resources:

• Texas Courts – Article 11.07 Application (PDF)
• Texas Code of Criminal Procedure, Article 11.07

Article 11.07 Writ Procedure

The general procedure for filing an Article 11.07 writ is:

1. Complete an Article 11.07 application.
2. File it with the clerk of the court where the conviction occurred.
3. The State has an opportunity to respond.
4. The trial court may enter findings of fact.
5. The application is forwarded to the Texas Court of Criminal Appeals, which issues the final ruling.

For more information about the process, refer to:

• Article 11.07 – FindLaw
• Article 11.07 – Texas Public Law