Guidelines for appeal are very different from the trial procedure. Appeals move through higher courts, involve strict time limits and deadlines, and often center around arguments that played only a minor role during the initial trial.
If you wish to appeal a court decision, you should speak with an accomplished attorney who understands the appellate process and related rules. Schedule an appointment with a Frisco appeals lawyer to learn more about how the process works, what you can expect, and whether you have grounds to request an appeal.
A person may wish to appeal a case if they have previously lost at trial, whether in civil or criminal court. The law only allows evidence and legal requests made at trial to be presented during an appeal. A knowledgeable attorney could be able to go through the court record and discuss any possible grounds for an appeal.
If a person wants to request an appeal, they should first understand the Texas Rules of Appellate Procedure, which outline the appellate process in the state. If the matter relates to a federal issue, then the corresponding laws of federal procedure may apply.
When a person wishes to appeal a decision from the trial court, they have limited time in which to do so. Also, the appellate court cannot hear any new arguments; the appellant may only raise issues discussed at the trial court.
The appellant can file written briefs and make an oral argument to the court. If the court agrees with the appellant, the court may overturn the lower court’s decision and grant other remedies, such as a dismissal of the action or remand for a new trial.
If a criminal defendant appeals their verdict and the Court of Appeals denies the request, the appellant may ask the Court of Criminal Appeals to review the Appellate Court’s decision. The process begins with a Petition for Discretionary Review. The Court of Criminal Appeals has pure discretion to review the Appellate Court’s decision, but the law does not allow the appellant in a criminal case to appeal to the Supreme Court of Texas. The Supreme Court of Texas hears civil appeals.
Even if a criminal defendant loses on the petition to the Court of Criminal Appeals, they may still challenge their conviction through a writ of habeas corpus. Although a writ of habeas corpus is a complicated procedure, it allows the defendant to raise issues such as ineffective assistance of counsel or a claim of innocence.
Ineffective assistance of counsel means that a defendant’s lawyer’s deficient performance affected the outcome of the defendant’s criminal trial. Actual innocence may hinge on new evidence that the defendant found after the trial ended, such as DNA evidence or a new, compelling witness. For more information, contact an appeals lawyer in Frisco.
The appellate system is often more complicated than a trial court procedure. As a result, an attorney talented at trials may not have the skills to approach the appeals process. Make sure you contact a lawyer who understands the appellate process and has the talents necessary to do the legal research and draft persuasive court briefs.
If you wish to appeal a court decision, act quickly. The law only allows a small window of time for many appellate actions. A Frisco appeals lawyer could help you understand your rights and what to do after receiving an undesirable outcome at trial.