I lost my trial or pleaded no contest or guilty in State Court, but I am not satisfied with the outcome, is there anything I can do?
Following a trial, you may appeal your case to the Texas Court of Appeals provided you file a Notice of Appeal within thirty days of your conviction. Following a plea, you may appeal your case only if the appeal concerns the trial court’s “jurisdiction” to hear your case, or the trial court denied one or more of your written motions, or if you receive permission from the trial court to appeal. A Notice of Appeal would have to be filed within thirty days.
If you lose an appeal in the Texas Court of Appeals, you can then ask the Texas Court of Criminal Appeals to consider your case and, after that. you can ask the United States Supreme Court to consider your case. The Texas Court of Criminal Appeals and the United States Supreme Court pick and choose the cases they will hear and, as a result, both courts hear only those cases raising issues that might have an effect on many different cases.
After losing an appeal, you can file a post-conviction petition for a Writ for Habeas Corpus if you believe you were denied a constitutional right or if you believe your lawyer was ineffective. Such petitions must first be filed in state court and can later be filed in federal court. However, that there are strict deadlines for filing petitions in federal court and you should consult with an experienced lawyer regarding these deadlines.
Office: (214) 871-1112
David Cell: (214) 538-6629
Kathy: (214) 738-4703 (Paralegal Kathy Archuletta)