A criminal conviction can bring a difficult mix of frustration, uncertainty, and concern about what comes next. If you believe a legal error affected your case, an appeal may provide an opportunity to ask a higher court to review specific issues from the trial court proceedings. However, an appeal is not simply a second trial, and there are important rules that can affect whether and how a case can be appealed. Understanding the process early can help you protect your rights and make informed decisions about your next step.
Understand What a Criminal Appeal Does
A criminal appeal asks an appellate court to review the trial court for legal errors that may have affected the case. The appellate court generally reviews the existing record rather than hearing the entire case again with new witnesses and evidence.
This makes the issues raised on appeal especially important. An appellate attorney must determine what happened in the trial court, identify potentially reviewable errors, and explain why those errors provide a legal basis for relief.
Pay Attention to Appeal Deadlines
Timing is one of the first issues to address after a conviction. Texas appellate rules establish deadlines for filing a notice of appeal, and missing a deadline can jeopardize the right to appellate review. Under Texas Rule of Appellate Procedure 26.2, a defendant generally has 30 days after sentence is imposed or suspended in open court to file a notice of appeal, or 90 days when a timely motion for new trial is filed. Specific circumstances can affect these deadlines.
Notice of appeal: This filing formally initiates the appeal and must be filed according to the applicable rules.
Post-trial motions: A timely motion for new trial can affect the deadline for filing the notice of appeal.
Case-specific deadlines: Other orders and circumstances can change which deadline applies, making prompt legal review important.
The Texas Rules of Appellate Procedure contain additional requirements governing criminal appeals. Because deadlines can be short, waiting to explore appellate options can create unnecessary complications.
Identify a Specific Legal Issue
An appeal is not necessarily based on disagreement with the verdict alone. The defense must identify a legal issue that can properly be presented to the appellate court.
Potential appellate issues can arise from different stages of a criminal proceeding. The record may reveal questions involving evidentiary rulings, jury instructions, constitutional rights, sentencing, or other legal decisions made by the trial court.
Review the Trial Court Record
The appellate record is central to the process. It can include documents filed with the trial court as well as the reporter’s record of proceedings. The appellate court uses that record when reviewing the issues presented by the parties.
Three areas deserve particular attention:
Trial proceedings: Counsel can review what happened during hearings, jury selection, testimony, objections, and other significant portions of the trial.
Court rulings: The record can help identify decisions that may have affected the defendant’s rights or the outcome of the case.
Preserved objections: Whether an issue was properly raised in the trial court can affect whether and how it may be considered on appeal.
A careful review can help distinguish potentially appealable legal errors from disagreements that an appellate court may not be able to address.
Prepare a Focused Appellate Argument
An appellate brief is different from a trial presentation. Instead of simply retelling what happened, the brief presents legal arguments supported by the record and applicable law.
The defense must connect the alleged error to the relief being requested. That requires careful legal research, accurate citations to the record, and a clear explanation of why the appellate court should consider the issue.
At Winters & Chidester, the firm’s background as former prosecutors and trial attorneys provides experience with how criminal cases are developed and presented in court. That perspective can inform a detailed review of the trial record and the legal issues that may warrant appellate consideration.
Discuss Your Appeal With Counsel
A criminal appeal can involve strict procedural requirements and highly specific legal questions. Early review gives an attorney an opportunity to examine the judgment, evaluate the record, identify potential issues, and determine what deadlines apply to the case. Winters & Chidester handles criminal defense matters and appeals, drawing on years of courtroom experience and a trial-team approach.
If you are considering an appeal after a Texas criminal conviction, contact Winters & Chidester at (512) 961-4555 to discuss your case and the appellate options that may be available.
