Fort Worth Criminal Appeal Attorney

The Basics of Appeals in Texas

A criminal conviction is not the end of the legal process. If you or a loved one has been convicted of a crime, you still have the right to appeal the verdict. A criminal appeal is a complex legal proceeding that challenges a conviction based on errors that occurred during the original trial. 

It is not a new trial, and it does not involve new evidence or witnesses. Instead, it is a meticulous review of the trial record by a higher court. In Fort Worth and throughout Tarrant County, the appeals process is a lifeline for those who believe they have been wrongfully convicted or unfairly sentenced. 

The legal system is complex and unforgiving, and a successful appeal requires a defense team with a deep understanding of appellate law and procedure. Our firm, Burns & Davis, is dedicated to providing robust defense for those seeking to overturn a conviction. A skilled Fort Worth criminal appeal attorney is an essential part of protecting your future, your freedom, and your rights.

Facing a criminal conviction? We are Certified Criminal Law Specialists who offer free consultations. Call (817) 873-1883 or contact us online to speak with a Fort Worth criminal appeal attorney today. We offer bilingual services.

What is an Appeal in Texas?

An appeal—whether state or federal—is a request for the next higher level of court to review a lower court’s decision. The state of Texas has a three-level court system that provides two levels of appeal, typically navigated with the help of a criminal appeals attorney in Fort Worth. 

Appeals of county and district court final decisions can be heard in one of the fourteen courts of appeal in the state of Texas. For all practical purposes, these fourteen appellate courts are autonomous, meaning they are not required to follow other decisions made by appeal courts. The federal system’s thirteen circuits are likewise independent of one another.

In order to be “appealable,” there must have been a final judgment or order in the case. While there are (very rare) exceptions, Texas does not permit appeals made in the middle of a case. In the federal system, review by the highest court—the U.S. Supreme Court—is both limited and discretionary. Intermediate federal appellate courts are the last resort for the majority of cases. Different appellate courts may reach conflicting results that the Supreme Court could choose to let stand.

It is also important to remember that the only issues that can be brought on appeal must have been addressed in the original trial. This makes choosing a Fort Worth criminal defense attorney imperative to your success on appeal. They will know all the right things to say to preserve your right to an appeal.

What are the Key Elements of a Successful Appeal in Fort Worth?

A successful appeal requires that a legal error occurred during the original trial and that this error was properly preserved for appeal. The appellate court will not hear new evidence or consider arguments that were not made during the original trial. The prosecution's role in an appeal is to argue that no reversible legal errors occurred during the trial or that any errors that did occur were "harmless" and did not affect the outcome of the case. 

The most common grounds for a criminal appeal in Fort Worth are:

• Legal Mistakes: This includes errors made by the trial judge, such as giving the jury incorrect or misleading instructions on the law, or improperly admitting or excluding evidence.
• Ineffective Assistance of Counsel: If your defense attorney's representation was so poor that it resulted in an unfair trial, you might be able to appeal on these grounds. This is a high standard to meet, requiring proof that your attorney's mistakes were serious enough to have affected the trial's outcome.
• Prosecutorial Misconduct: This involves dishonest or abusive acts by prosecutors that prejudiced the jury. Examples include withholding evidence or intentionally misstating the law.
• Jury Misconduct: If a juror acted improperly during the trial or deliberations in a way that could have impacted the verdict, it can be grounds for an appeal.
• Insufficient Evidence: The prosecution must prove your guilt "beyond a reasonable doubt." If the appellate court finds that the evidence presented at trial was legally insufficient to support a conviction, the conviction may be overturned.
• Sentencing Errors: An appeal can also be filed if the sentence imposed was illegal or miscalculated according to Texas law and sentencing guidelines.

A successful appeal can result in one of two outcomes:

• Reversal and Remand: The appellate court can reverse the conviction and "remand" the case back to the trial court for a new trial.
• Reversal and Acquittal: In rare cases, the appellate court can reverse the conviction and order an acquittal, which means the charges are dismissed and you are released from custody. This typically occurs when the appellate court finds that the evidence was legally insufficient to support a conviction.

The appeals process is a complex legal proceeding that is very different from a trial. The appeals court will not second-guess the jury's verdict; it will only review the legal record of the trial. A skilled Fort Worth criminal appeal attorney is essential to navigating this process.

How Do State & Federal Appeals Differ in Fort Worth?

State Level

At the state level, you have 30 days from the date of your verdict being pronounced in open court in which to file an appeal. Appeals don’t involve new information, but rather revolve around a review of the case for mistakes that were made by the trial judge or your own attorney. These errors may be discovered by an examination of the trial transcript or the record from the court clerk. 

Your attorney has 30 days from the time the written records are filed to file an opening brief or request an extension. The opposing party will then submit a brief in response—and your lawyer will respond to that brief in a timely manner. The briefs from both sides will be reviewed. In some instances, a short amount of time may be allotted for the presentation of oral arguments. The decision of the appellate court will be delivered via a written opinion.