What is an Appeal?
An appeal is a request for a higher court to review and hopefully overturn the position of a lower court. It is one option available to a defendant that has been convicted of a crime, or any party who feels a case was decided improperly or unjustly, and wants to challenge the court’s decision. Appeals can be made at both the state and federal level.
When a person decides they want to appeal a court’s decision (or part of a court’s decision), they consult an appellate attorney (sometimes called an appeals lawyer). The appellate attorney looks over the facts of the case and helps the defendant formulate an appeal, which states these facts and the basis for the appeal.
The appellate attorney then submits the appeal to the appropriate appeals court in the form of a legal brief. This is a lengthy, very detailed document that is often bound like a book. The appeals court then reviews the appeal as well as the original facts of the case, and ultimately decides whether to affirm or reverse the lower trial court’s decision.
In addition to representing apellants (people who are appealing the decisions of a court), an appeals lawyer can also represent apellees (people are defending the decisions of a court). If the court ruled in your favor and you want to argue against an appeal and possible overturning of that ruling, an appellant attorney can also be very helpful.
How do Appeals Work in Houston, Texas?
In Houston, TX and the surrounding areas (i.e., Harris County and Fort Bend County), state-level appeals can be made at the First Court of Appeals or the Fourteenth Court of Appeals. These Courts are served by 3-6 elected judges, with more judges assigned to areas with higher populations.
If an appeal of a criminal case goes beyond this first level, it will be passed along to the Court of Criminal Appeals of Texas, which is served by nine judges. If an appeal of a civil case goes beyond this first level, it will be handled by the Supreme Court of Texas.
Most cases do not have the basis to progress beyond the Court of Criminal Appeals of Texas and/or the Supreme Court of Texas. However, if you can prove that your appeal is based on US constitutional issues, you may be able to pass the appeal on to the United States Supreme Court.
I Want to Appeal my Case. What Should I do Next?
Whether your case is criminal or civil, on a state or federal level, your first priority is to consult with an experienced, knowledgeable appeals attorney. An appellate attorney can review the details of your case and figure out whether or not an appeal is possible or likely to work. If you do have a viable basis for an appeal, an appellate attorney will be vital in the process of compiling, writing, arguing, and filing for your appeal. In the appeals process, a good attorney is absolutely indispensable.
If you or a loved one is looking for an appellate attorney in the Houston area, The Reynal Law Firm, P.C. are here to help. Our firm has extensive experience, knowledge, and understanding of the appeals system, and has the tenacity and determination to put your best case forward. Give yourself a fighting chance and reach out for an initial consultation at (713) 228-5900 today.
A person who has been convicted of a state or federal crime in Houston, Texas has a right to appeal their case, which is asking a higher court to review a certain aspect or certain aspects of the case for legal or procedural errors. An appeal is not simply asking for a new trial because the defendant is unhappy with the results of his or her criminal conviction. The purpose of an appeal is only to determine whether or not the conviction or the resulting sentence was reached in error. The defendant who has filed the appeal must prove to the higher court that there were indeed legal or procedural errors in the trial or sentencing. This means no new evidence is allowed to be introduced. The only issue considered is whether the trial was legally and procedurally proper.
The Reynal Law Firm, P.C handles direct appeals from both state and federal convictions. If you believe that your criminal conviction or sentence was reached incorrectly due to a legal mistake or a procedural error, We will aggressively fight for you to receive a fair trial or sentence.