A direct appeal is the first-level appeal following a conviction in a Texas or federal trial court. A defendant—now an appellant—typically seeks to reverse their conviction or sentence and win a new trial.
Direct appeals are time-sensitive and limited. Notice of appeal is due soon after a trial court’s judgment, and appellate courts typically only review trial courts’ rulings on legal issues, not factual findings. Evidence outside the trial court record may not be considered.
Most appellate work is done in writing. Following notice of appeal and preparation of the record, the appellant submits a written brief identifying the trial errors. The state or federal government then submits its own brief responding to those claims. In some cases, oral arguments may be presented to clarify positions further. Ultimately, the appellate court examines the case to determine whether the identified errors significantly impacted the trial’s outcome. The appellate court then issues a written opinion deciding the appeal.
Following an unsuccessful direct appeal in a Texas state court, a defendant may petition Texas’s highest criminal court, the Texas Court of Criminal Appeals, to review the intermediate appellate court’s decision. Unlike intermediate courts, the Court of Criminal Appeals gets to choose which case it hears, so it’s critical to hire an attorney who understands how to present a case in line with the type of issues that the court may consider.
Similarly, following an unsuccessful direct appeal in a federal circuit court, a defendant may petition the United States Supreme Court to issue a writ of certiorari and review the intermediate court’s decision. The United States Supreme Court, like the Texas Court of Criminal Appeals, gets to choose the cases it considers, and it grants certiorari in an extremely limited number of cases.
Once a conviction is final, either because the defendant did not pursue a direct appeal or because they did so unsuccessfully, both state and federal defendants may apply for writs of habeas corpus. Like a direct appeal, an application for a writ of habeas corpus is a way to challenge the legality of a conviction or sentence. Unlike a direct appeal, however, an application for a writ of habeas corpus may introduce new evidence and raise new arguments that could not be raised on direct appeal. The most common habeas claim is ineffective assistance of counsel. Habeas applicants also may complain that the prosecution withheld evidence, that witnesses testified falsely, and that any guilty pleas were involuntary, among other claims.
For defendants convicted of felonies in Texas state court, a habeas application is filed in the trial court, which makes a recommendation on the application’s merits. Texas’s highest criminal court, the Texas Court of Criminal Appeals, then makes the ultimate decision. Defendants convicted in federal courts also file habeas applications in the trial court, but that court makes the ultimate decision.
Following unsuccessful habeas applications, both state and federal defendants have the opportunity for further review. Subject to strict time constraints, a state defendant may file a federal petition under 28 U.S.C. 2254 challenging the Texas court’s decision. A federal defendant, meanwhile, may appeal the denial of a habeas application to a federal circuit court.
Hiring an appellate attorney as part of a trial team can significantly enhance a case’s overall strategy and effectiveness. Appellate attorneys possess specialized knowledge of statutes, court rules, and appellate law, which can help identify potential legal issues that might arise during the trial. Their expertise allows them to anticipate challenges that may lead to an appeal, enabling the trial team to address these issues proactively.
Appellate attorneys also can assist in crafting the trial strategy with an eye toward preserving the record for appeal. They understand what documentation and arguments will be most relevant in an appellate court, ensuring that key points are effectively preserved.
Additionally, having an appellate attorney on the trial team can facilitate better jury instructions and legal arguments that minimize the risk of reversible errors. Their perspective can help the trial team avoid common pitfalls that could jeopardize the case.
Finally, if the trial does result in an unfavorable verdict, having an appellate attorney already involved can streamline the appeals process. They are familiar with the case’s nuances and can more effectively and persuasively argue the points that matter most on appeal.