Texas Criminal Appeals Attorneys

When the trial is over and the verdict is in, the fight is far from over. In fact, for our team of criminal appellate attorneys in Texas, the fight is just getting started. 

At Cofer & Connelly, PLLC, we understand that a conviction after trial can be overwhelming. You shouldn’t have to worry about appellate deadlines or filing fees, and you definitely shouldn’t have to worry about the adequacy of your appellate counsel. 

That’s why our team of criminal appellate lawyers is dedicated to ensuring a seamless transition from trial to the courts of appeals. Through in-depth case review, strategic legal analysis, and fervent appellate advocacy, our attorneys will protect your rights and pursue justice.

What Is an Appeal?

If you have been convicted of a crime in Texas and believe that there were constitutional violations, legal errors, or jury misconduct during the course of your trial, you may have the right to challenge the outcome through what is known as an appeal. 

An appeal is the process by which a higher court reviews the trial court’s decisions to determine if any mistakes were made that would alter the verdict or sentence. There are 15 intermediate courts of appeals in Texas, with a bifurcated supreme court composed of the Texas Supreme Court and the Texas Court of Criminal Appeals. 

After a final judgment by the trial court, an absolute right to appeal exists to the intermediate courts of appeals. This means that each of the 15 courts of appeals in Texas must hear a timely filed appeal to their court. This intermediate court can either affirm the lower court’s decision, reverse the lower court’s decision, or remand the case back to the lower court for further proceedings. 

Once the intermediate court has reached a conclusion, there is the option to further appeal the case to the Texas Court of Criminal Appeals through what is known as a petition for discretionary review. However, unlike the intermediate courts, the Texas Court of Criminal Appeals can decide whether or not to grant or deny the petition. 

We represent clients in various stages of the appellate process. 

Direct Appeals 

One of the first thoughts you may have after facing a conviction is whether or not you can appeal the decision of the lower court. Mainstream media and true-crime drama have made the concept of an appeal somewhat common knowledge. However, an appeal is much more than being dissatisfied with the verdict and wanting a redo. 

There are nuances and requirements that must be met to have a successful appeal in Texas. This can range from meeting strict filing deadlines, filing the proper notices with the court, retrieving the record from the lower court, and even something as detailed as the format of the briefs provided to the courts of appeals. 

A direct appeal is an appeal that is filed at the end of a trial or when a final judgment has been rendered on a case. This is the primary way to challenge any mistakes made by the trial court and protect your constitutional rights.  Under Article 26.2 of the Texas Rules of Appellate Procedure, these types of appeals generally must be filed within 30 days of when the sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order.

Despite what people may think, a direct appeal is not an attempt to relitigate the facts or conduct another trial. Barring rare and extraordinary circumstances, there will be no new evidence provided to the court, no live witnesses, no exhibits. 

Rather, the court reviews the existing trial record – transcripts, admitted exhibits, and filings – to decide whether or not the trial court made an error that might have affected the outcome of the case. It is an opportunity for you to argue any mistakes of law or unfavorable judicial decisions made by the court. 

There are various grounds that would justify reversing a lower court’s decision, reversing a conviction, or ordering a new trial. This can include: 

• Improper jury instructions: If there was a misstatement of the law by the judge, or they left out a necessary element, the jury may have reached their verdict based on a misunderstanding or incomplete understanding of the law. This is grounds for appeal. 
• Errors in the admission of evidence: When a court wrongfully admits or excludes evidence during a trial, this can be grounds for an appeal. For example, allowing testimony, exhibits, or records that should have been excluded under the Texas Rules of Evidence to be seen by the jury. Additionally, suppressing evidence that should not have been suppressed and should have been heard by the jury can be another basis for appeal. 
• Pre-trial rulings: If a court has made a mistake in deciding on a motion to suppress, motion to exclude, motion in limine, or any of the various pre-trial motions that exist, this can be grounds for an appeal. 
• Constitutional violations: If there have been significant violations of your constitutional rights, such as the right to counsel, the right to confront witnesses, or violations of due process protected under the 14^th Amendment, this can be grounds for an appeal. 

Interlocutory Appeals

As we’ve discussed previously, a direct appeal happens at the end of a trial or after a final judgment has been rendered. But are there any instances where you can appeal a decision before a trial even begins? While these types of appeals are very rare, they can occur. 

These appeals are called interlocutory appeals. An interlocutory appeal challenges certain pre-trial court rulings that happen before the final verdict – often before a trial has even begun. These types of appeals are there to decide critical legal issues that, if left undecided, could harm the defendant’s rights irreparably. 

Under Texas criminal law, the opportunity for an interlocutory appeal is very limited. These appeals typically only occur in a very narrow set of circumstances. This includes a denial of a defendant’s pre-trial writ of habeas corpus or when the trial court suppresses a key piece of evidence that is outcome-determinative in a case that the state seeks to have admitted. 

The reason that interlocutory appeals are so rare is because of the final judgment rule. In Texas, the final judgment rule means that most appeals must wait to be filed until after a final judgment has been entered by the trial court. 

If you feel as if a trial court ruling has seriously affected your rights before trial, our team can review the case and determine if an interlocutory appeal is a possible solution. 

Writs of Mandamus

Sometimes, a trial court may make a ruling or take an action that is wholly outside the bounds of its judicial authority. In these limited situations, sometimes waiting for an appeal may not be enough. This is when a writ of mandamus may be beneficial. 

A Writ of Mandamus is a type of appeal whereby you request a higher court to order the lower court to either perform a duty required by law or refrain from acting outside of the law. Writs of Mandamus are only granted in exceptional circumstances and are therefore considered to be “extraordinary relief.” 

Typically, there is a two-prong test that must be met to receive mandamus relief: 

• First, it must be shown that the relator (person seeking mandamus relief) has no adequate remedy at law to redress the alleged harm. 
• Second, it must be shown that what the relator seeks to compel is a ministerial act not involving a discretionary or judicial decision. 

Since this is a very limited type of appeal and is meant for extraordinary circumstances, there are limited circumstances where its application has been warranted. 

For example, Mandamus can be used to compel the lower court to abide by a binding statute or precedent from a court of appeals. Another example where Mandamus is warranted is when a trial court has refused to rule on a timely and properly filed motion. Finally, Mandamus may be appropriate to stop the trial court from taking actions outside of its judicial jurisdiction. 

When and if a Writ of Mandamus is warranted, it is filed directly with the appellate court – often accompanied by a motion to stay the proceedings in the lower court. The Writ would contain the record of the lower court’s actions or inactions, legal argument, and a request for the specific type of relief sought. These writs are handled fairly quickly due to their importance. 

Because the circumstances in which mandamus relief is so important, a timely and thorough review of your case is crucial to prevent serious harm before it occurs. Our firm will evaluate your case to determine whether or not Mandamus relief is possible whenever a trial court’s actions threaten your rights in ways that can not be fixed later. 

Writs of Habeas Corpus

The Writ of Habeas Corpus is one of the most crucial legal protections that exists to protect the rights of individuals who have been convicted and imprisoned for their crimes in Texas. A Writ of Habeas Corpus is typically used after all appeals have been exhausted. It is the avenue by which those who may have been wrongfully convicted or unfairly sentenced may challenge their conviction. 

Because a Writ of Habeas Corpus occurs after all other appeals have been exhausted, the issues raised in the writ are not just a reiteration of previous appeals. 

Rather, there is a particular set of circumstances or events that give rise to filing a writ of habeas corpus. This includes: 

• Actual innocence: This is where new evidence has come to light that shows the defendant could not have been the one to commit the crime. 
• Ineffective assistance of counsel: The trial defense attorney’s performance fell below the acceptable reasonable standards and affected the outcome of the case. 
• Prosecutorial misconduct: This is when a prosecutor withholds exculpatory evidence in violation of Brady v. Maryland – or, in Texas, the Michael Morton Act. 

Why Cofer & Connelly?

When you are facing a potential criminal conviction and are seeking an appeal, no one is better equipped to understand the trial record than a team of attorneys with decades of combined trial experience. 

Identifying appellate issues requires more than reading transcripts and records. Rather, you need a skilled trial attorney in your corner, providing insight as to how and why decisions were made in the courtroom. This is why Cofer & Connelly’s appellate attorneys in Texas bring extensive trial advocacy experience to every appeal they handle. 

Our team has more than 200 years of combined trial experience, has tried more than 350 trials, and is composed of former felony prosecutors, judges, and private attorneys. Whether we represented you in your trial or stepped in after conviction, we approach your appeal with the dual perspective of seasoned trial lawyers and precision appellate advocates.

What Does an Appellate Attorney Do?

The appellate and post-conviction process is nuanced, intricate, and involves a complex understanding of the Texas Rules of Appellate Procedure and compliance with strict deadlines. 

The work of a criminal appeals lawyer in Texas includes:

• Record Review – Our team will conduct a comprehensive records review of trial transcripts, exhibits, and pre-trial motions to identify any potential issues for appellate review.
• Filing a Notice of Appeal – Our team of attorneys will preserve your right to an appeal by filing the appropriate notice of appeal with the trial court, ensuring that all notices are filed in accordance with the strict timelines applicable under Texas law.
• Persuasive Brief Writing – Our team of attorneys has extensive knowledge and experience in writing well-researched briefs. These legal arguments pinpoint the potential legal errors of the lower court and explain why the outcome should have been different.
• Oral Argument – When necessary, and granted by the court, our attorneys will present clear, persuasive, and concise legal arguments directly to the appellate judges.

Our Track Record

At Cofer & Connelly, our team has handled appellate matters for clients in intermediate courts around Texas. This includes writs of mandamus to the 3rd Court of Appeals, successfully overturning an unlawful Order for Civil Commitment in the 4th Court of Appeals, Writs of Habeas Corpus to the 13^th Court of Appeals, and reversing the denial of a motion to suppress evidence obtained during an inventory search of a vehicle in the 7th Court of Appeals.

 Additionally, our team has been steadfast in their attempt to create a circuit split in the courts of appeals on the issue of odor of marijuana probable cause-based searches of vehicles. Such a circuit split would allow the argument to reach the Texas Court of Criminal Appeals

Cofer & Connelly, Protecting Your Rights

At Cofer & Connelly, a conviction does not have to be the end of your fight. Our Texas criminal appellate attorneys will use appeals and other post-conviction remedies to ensure that your rights are protected. At Cofer & Connelly, we approach every case with a client-focused perspective to develop a comprehensive case strategy custom-tailored to your unique needs. Our team is committed to pursuing every avenue available to protect your rights and work toward reversing wrongful convictions or unfair sentences.

If you or a loved one has been convicted in Austin or across Texas, contact Cofer & Connelly today to discuss your case and explore your appellate and post-conviction options. Call (512) 991-0576.