San Antonio Criminal Appeals Attorney

Criminal convictions don’t always mean the end of the legal process. In Texas, defendants have the right to appeal their convictions or file writs of habeas corpus to challenge the legality of their detention. These legal remedies can be complex and time-consuming, but they offer an important avenue for those who believe they have been wrongly convicted. In this article, we’ll provide an overview of appeals and writs in criminal cases in Texas and discuss the role of an experienced criminal defense attorney in navigating the process.

If you or a loved one has been convicted of a crime in Texas and are considering an appeal or writ, Brad Thornton, a Board-certified criminal defense attorney, is here to help. With years of experience in both prosecution and defense, Brad has the knowledge and skills to help you understand your legal options and make informed decisions about your case.

Types of Post-Conviction Remedies in Texas

In Texas, there are several legal remedies that a defendant can pursue after being convicted of a crime. These include:

Motion for new trial: A motion for a new trial is a request to the trial court to set aside the original verdict and grant a new trial. This can be based on various grounds such as new evidence that was not available at the time of the trial, jury misconduct, or errors in the trial proceedings.

Motion in arrest of judgment: A motion in arrest of judgment is a request to the trial court to set aside the conviction and sentence because of a defect in the proceedings that would make the conviction illegal.

Direct Appeal: A direct appeal is an appeal to a higher court, such as the Court of Appeals or the Texas Court of Criminal Appeals, from a conviction and sentence in a criminal case. This appeal is based on the record of the trial court proceedings and the arguments of the parties.

Writ of habeas corpus: A writ of habeas corpus is a legal action that challenges the legality of detention, typically when a defendant claims that their constitutional rights were violated during their trial or conviction.

In general, a motion for new trial and a motion in arrest of judgment are brought before the trial court, a direct appeal is brought before a higher court, and a writ of habeas corpus is brought before a court with the power to issue the writ, usually the trial court.

It’s important to note that these remedies have different requirements, timelines, and standard of review. A criminal defense attorney like Brad Thornton can help you navigate the process and identify the best legal strategy for your case.

Motions for New Trial

A motion for a new trial in Texas is a request to the trial court to set aside the original verdict and grant a new trial. This can be based on various grounds such as new evidence that was not available at the time of the trial, jury misconduct, or errors in the trial proceedings.

The motion must be filed within 30 days after the date on which the verdict was returned and it must be filed with the trial court where the case was tried. The defendant must present the motion to the court within ten days after it is filed unless the court allows it to be presented at another time no later than 75 days after the court imposed the sentence. The court must also rule on the motion for new trial within 75 days after the court imposes the sentence, so the earlier is can be presented, the more time the court will have to consider the motion.

The grounds on which a motion for a new trial can be granted include:

• jury misconduct
• insufficiency of the evidence
• witness tampering
• evidence destruction or concealment
• verdict is contrary to the law or evidence
• when the court has misdirected the jury
• when verdict was decided by lot or improper manner

When a motion for a new trial is granted, it vacates the conviction, and the case is set for a new trial. If the motion is denied, the defendant may still file an appeal.

If a motion for a new trial is filed, it will generally stay the appeal deadlines. If the motion for a new trial is denied, the defendant has 30 days from the date of the denial to file a notice of appeal. If the motion for a new trial is granted, the case is set for trial once again and the defendant is placed back in the same position he was before the trial.

It’s important to note that the grounds for granting a new trial are limited and can be complex, and many motions for a new trial are denied. A criminal defense attorney like Brad Thornton can help you evaluate your case and determine if a motion for a new trial is a viable option.

Motion in Arrest of Judgment

A motion in arrest of judgment in Texas is a request to the trial court to set aside the conviction and sentence because of a defect in the proceedings that would make the conviction illegal. It essentially argues that the court lacked jurisdiction over the case, the defendant was denied a fair trial, or that the conviction or sentence is otherwise illegal.

The grounds on which a motion in arrest of judgment can be based include:

• that the indictment or information is subject to an exception on substantive grounds
• that in relation to the indictment or information a verdict is substantively defective; or
• that the judgment is invalid for some other reason.

The time to file a motion in arrest of judgment is within 30 days after the date of the sentence. The court must rule on a motion in arrest of judgment within 75 days after the court imposed the sentence and a failure to rule by the court effectively denies the motion.

If the motion in arrest of judgment is granted, it sets aside the conviction, and the the defendant is restored to the position that he or she had before the indictment or information was presented.

Direct Appeal

A direct appeal in Texas is an appeal to a higher court, such as the Court of Appeals or the Texas Court of Criminal Appeals, from a conviction and sentence in a criminal case. This appeal is based on the record of the trial court proceedings and the arguments of the parties.

The grounds on which a direct appeal can be based include:

• errors in the trial court proceedings
• errors in the jury instructions
• prosecution under an ex post facto law
• errors in the admission or exclusion of evidence
• errors in the calculation of the sentence
• comments by a trial judge that taint the presumption of innocence
• denial of the right to counsel
• denial of the right to a jury trial

The time to file a direct appeal in Texas is generally 30 days after the date of the conviction or the date the motion for new trial was overruled. The notice of appeal must be filed with the trial court where the case was tried.

In Texas, there is generally only one direct appeal allowed per case. The first level of appeal is to the Court of Appeals, and then to the Texas Court of Criminal Appeals. If the appeal is denied by the Court of Criminal Appeals, the defendant may petition the United States Supreme Court for certiorari, but this is a rare occurrence and is only granted in a small percentage of cases.

It’s important to note that the standard of review for a direct appeal is generally whether the trial court’s ruling was within the bounds of the law and supported by the evidence. The appellate court reviews the proceedings for any errors and may uphold, reverse, or modify the conviction or sentence, but it does not generally consider new evidence.

A criminal defense attorney like Brad Thornton can help you evaluate your case and determine if a direct appeal is a viable option, and help you navigate the process of filing an appeal.

Writ of Habeas Corpus

A writ of habeas corpus in Texas is a legal action that challenges the legality of detention, typically when a defendant claims that their constitutional rights were violated during their trial or conviction. It is a legal mechanism that allows a prisoner to challenge their detention and seek release.

In Texas, the most common type of writ of habeas corpus is an Article 11.07 writ, which is filed with the trial court where the conviction took place. This writ is available to defendants who have exhausted their direct appeals and have no other legal remedies available.

An 11.07 writ can be filed by someone who has been convicted of a felony, someone sentenced to prison and not probation, and someone not given the death penalty.

The writ of habeas corpus can be filed based on a variety of grounds, including:

• Ineffective assistance of counsel: This claim is made when the defendant argues that their trial attorney did not provide adequate representation and that this resulted in the conviction.
• Prosecutorial misconduct: This claim is made when the defendant argues that the prosecutor engaged in misconduct that prejudiced the defendant’s right to a fair trial.
• Newly discovered evidence: This claim is made when the defendant argues that new evidence has come to light that would have changed the outcome of the trial.
• Newly Discovered Scientific Evidence: This claim is made when the defendant argues that new scientific evidence has come to light that would have changed the outcome of the trial.
• Jury misconduct: This claim is made when the defendant argues that the jury engaged in misconduct, such as considering evidence not presented in court, that prejudiced the defendant’s right to a fair trial.
• Involuntary pleas: This claim is made when the defendant argues that they entered a plea of guilty or nolo contendere involuntarily or unknowingly.
• Claims of actual innocence: This claim is made when the defendant argues that they are actually innocent of the crime for which they were convicted and that their conviction was a result of a mistake or wrongful conduct.

In Texas, a writ of habeas corpus is an extraordinary remedy and it is granted only in a limited number of cases. Each writ of habeas corpus has its own specific requirements and guidelines. The 11.07 writ, for instance, can only be granted or denied by the Texas Court of Criminal Appeals. While the trial court must conduct a hearing and make certain findings, the ultimate decision on the writ is made by the Texas Court of Criminal Appeals.

It’s important to note that the filing deadlines for habeas corpus writs can be very short, and the legal requirements and standards of proof can be very high. A criminal defense attorney like Brad Thornton can help you evaluate your case and determine if a writ of habeas corpus is a viable option, and help you navigate the process of filing a writ.

San Antonio Appellate Attorney Brad Thornton

In conclusion, there are various legal remedies available to defendants in Texas who have been convicted of a crime, such as a motion for new trial, a motion in arrest of judgment, a direct appeal, and a writ of habeas corpus. Each type of remedy has its own specific requirements, timelines, and standards of review. It’s important to understand the differences between these remedies and the grounds on which they can be filed, in order to make an informed decision on the best legal strategy for your case.

If you or a loved one has been convicted of a crime in Texas and are considering an appeal or writ, attorney Brad thornton, Board-certified criminal defense attorney, is here to help. With years of experience in both prosecution and defense, Brad has the knowledge and skills to help you understand your legal options and make informed decisions about your case. His board certification is a testament to his expertise in criminal defense law. He can guide you through the complex legal process and fight for your rights. Contact him today at 210-439-5627 to schedule a consultation.