Fort Worth Criminal Appeal Attorney

Understanding an Appeal

The appeals court does not consider guilt or innocence. Rather, they review the verdict of the lower court and consider whether the evidence presented supports that verdict. If you lose at appeal, you will be given only 15 days to ask the court for a rehearing. 

If that request is denied, you will have 30 days in which to file with the Texas Court of Criminal Appeals a petition for discretionary review. Once all your state appeals are exhausted, you have the option of filing a 2254 writ of habeas corpus which challenges a state verdict in federal court.

When a Case Can Be Appealed

In order for a case to be “appealable,” there must have been a final judgment or order. With very rare exceptions, Texas law does not permit appeals while a case is still in progress. A case must generally reach a conclusion before an appeal can move forward.

In the federal system, review by the highest court—the U.S. Supreme Court—is limited and discretionary. For most cases, the intermediate federal appellate courts serve as the final level of review. Because appellate courts operate independently, different courts may sometimes reach conflicting conclusions, which the Supreme Court may or may not choose to resolve.

The Complexity of Filing an Appeal

Deciding to pursue an appeal begins a complex procedural process that requires a strong understanding of both state and federal legal principles. The path forward involves strict deadlines, detailed filings, and precise legal arguments.

Local experience can be especially valuable in Fort Worth, where courts may have their own procedural expectations and legal culture. Understanding these factors can play a critical role in developing a strong appellate strategy, as even small procedural errors can impact the progress of a case.

Key Differences Between Trial Courts and Appellate Courts

One of the most important distinctions between trial courts and appellate courts is the presumption that the trial court’s judgment is correct. In other words, appellate courts assume the trial court ruled properly unless it can be clearly demonstrated that errors occurred during the trial.

Additionally, it is not enough to show that an error occurred. The error must also be shown to have been harmful—meaning that the outcome of the case likely would have been different if the error had not occurred. This creates a substantial burden for anyone seeking to overturn a trial court’s decision.

An experienced criminal appeals attorney understands these differences and how they influence appellate strategy.

Why Appellate Strategy Is Different from Trial Strategy

There are significant procedural and strategic differences between trial courts and appellate courts, as well as between state and federal appellate courts. As a result, the strategies used in an appeal are often very different from those used during a trial.

While trial attorneys focus heavily on persuading juries and presenting testimony, appellate cases rely primarily on written arguments. Success in an appeal often depends on the ability to clearly explain legal errors through detailed legal briefs submitted to the court.

The Importance of Written Appellate Briefs

In appellate cases, nearly everything an attorney wants the court to consider must be included in a written brief reviewed by appellate judges in their chambers. Oral arguments, if granted, are typically brief and may last only a few minutes. In many cases, the written arguments carry the greatest influence over the final decision.

An attorney experienced in state and federal appeals understands how to craft persuasive appellate briefs that clearly explain the legal issues involved.

Preserving Issues for Appeal

Another critical aspect of the appeals process is that appellate courts generally only review issues that were raised during the original trial. If a legal issue was not properly addressed or preserved during the trial proceedings, it usually cannot be raised later on appeal.

For this reason, working with an experienced criminal defense attorney from the beginning of a case is essential. Skilled criminal defense attorneys understand how to protect a client’s rights throughout the trial process and ensure that important issues are properly preserved should an appeal become necessary.

Don’t let a conviction define your future. Contact Burns & Davis today to discuss how we can assist you and our Fort Worth criminal appeal attorneys can help you reclaim your life.