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.
Yes, there are strict deadlines in both Texas and federal courts to file notice of appeal.
In Texas courts, notice of appeal must be filed: (1) within 30 days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order; or (2) within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial.
In federal courts, a defendant's notice of appeal must be filed in the district court within 14 days after the later of (1) the entry of either the judgment or the order being appealed; or (2) the filing of the government's notice of appeal.
Most direct appeals are decided on the written briefing alone, but intermediate courts may set cases for oral argument, at which the parties present their cases before three-judge panels and answer questions.