Texas Appeals

The appellate process in Texas State Courts poses a number of pitfalls for the unsuspecting defendant. There are strict time limits imposed for all appeals. In addition, properly arguing a point of law on appeal in Texas has become more and more difficult in light of many recent appellate court decisions.

Appealing a case in Texas is not a second trial. It’s not a chance to provide a different defense than that offered at trial. An appeal in Texas, as it is in Federal Court, is to argue points of law, and consequently argue the law was not applied correctly in a given case. If done effectively, it is possible to have a conviction reversed.

Shawn Matlock has extensive experience in Texas Appellate Law. Having represented countless defendants on appeal, he has both briefed and argued appellate cases in numerous courts throughout Texas. If faced with an appellate issue in Texas, contact Shawn Matlock at the Matlock Law Firm to ensure the appeal is handled correctly.

The Matlock Law Firm has had remarkable success in the appellate courts in Texas. We have represented clients appealing convictions ranging from complex Murder cases to simpler DWIs. In fact, Shawn Matlock has successfully represented clients on appeal in some of the most important legal issues.

In the case of In re H.V., Mr. Matlock successfully argued for a juvenile’s constitutional right to counsel when the client asked to call his mother during an interrogation. This was the first such case in Texas history.

In the case of Grotti v. State, Mr. Matlock was able to help convince the Texas Court of Criminal Appeals to affirm the lower courts reversal of a Manslaughter conviction on the basis of factual insufficiency. This case effectively confirmed the existence of the doctrine of factual sufficiency for future defendants to use in challenging their conviction.

The appellate process in Texas requires extensive knowledge of the law of appellate procedure as well as the ever-changing landscape of criminal law. Attempting to handle an appeal without this knowledge is a recipe for disaster.

Article 44.02 of the Texas Code of Criminal Procedure provides a criminal defendant in Texas the opportunity to appeal his conviction. This can begin in a number of ways. There are post-verdict motions available to a defendant.

Texas Rule of Appellate Procedure 21.3 provides the ground for a defendant to file a Motion for New Trial. According to Rule 21.2, a Motion for New Trial should be filed in order to present a point of error where the facts are not in the record. The grounds for when a Motion for New Trial must be granted are:

a. except in Class C misdemeanor cases, when the defendant was tried in abstentia or was denied counsel
b. when the trial court has misdirected the jury about the law or has committed some other material error likely to injury the defendant’s rights
c. when the verdict has been decided by lot or in any manner other than a fair expression of the juror’s opinion
d. when a juror has been bribed to convict or has been guilty of any other means of corruption
e. when a material defense witness has been kept from court by force, threats, or fraud, or when evidence tending to establish the defendant’s innocence has been intentionally destroyed or withheld, thus preventing its production at trial
f. when, after retiring to deliberate, the jury has received other evidence; when a juror has talked with anyone about the case; or when a jury became so intoxicated that his or her vote was probably influenced as a result
g. when the jury has engaged in such misconduct that the defendant did not receive a fair and impartial trial, or
h. when the verdict is contrary to the law and the evidence.

A defendant wishing to file a Motion for New Trial must file the motion within 30 days of the date the court imposes or suspends sentence in open court according to Rule 21.4. A defendant must present his Motion for New Trial within 10 of its filing, unless the court permits otherwise in accordance with Rule 21.6. The trial court must rule on a Motion for New Trial within 75 days after imposing or suspending sentence. If a court does not rule on the motion within the 75 days, it deemed denied in accordance with Rule 21.8.

Pursuant to Texas Rule of Appellate Procedure 26.2, a Notice of Appeal must be filed by a defendant within 30 days after the sentence is imposed or suspended by the court, or after the day the court enters an appealable order, or within 90 days if the defendant files a timely Motion for New Trial.

The time limits governing the filing of both the Motion for New Trial and the Notice of Appeal are strictly enforced. Failure to timely file these documents may result in the dismissal of an appeal.

Following this stage, the appellate court will docket the case for appeal and issue briefing schedules for the parties. These are the schedules denoting when each side’s appellate brief is due with the court of appeals. Each party must submit written briefs arguing and supporting their propositions of law on appeal. Oral argument may be requested and granted by the appellate court.

The initial appeal is directed to the respective Court of Appeals for the Judicial District within which the trial court is located. There are currently 14 Courts of Appeals in Texas. Most of the Metroplex and surrounding area is located within two Courts of Appeals’ jurisdiction; the Second Court of Appeals in Fort Worth and the Fifth Court of Appeals in Dallas. For a map of the all of the Courts of Appeals in Texas, click here.

Following the direct appeal, a defendant can petition for review to the Texas Court of Criminal Appeals, or the Texas Supreme Court for Juvenile cases.

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