Category Archives: Appeals
How Many Times Can You Appeal a Court Decision in Texas?
When many people think of appeals in criminal cases in Texas, their minds go straight to death row cases – and for good reason.…
Texas High Court Allows Bad Lawyering in Death Penalty Cases
Defending a person charged in a serious criminal case, under the best of circumstances, is a difficult task and an extraordinary professional responsibility. Defending…
Recently Convicted in TX? You Have 30 Days to File a Criminal Appeal
The justice system isn’t always perfect. Although endowed with numerous procedural protections and safeguards, trial of criminal cases can, and often do, result in…
Conviction Reversed After Prosecutor Violates Confrontation Clause
The Confrontation Clause prominently embedded in the Sixth Amendment to the United States Constitution provides that a criminal defendant has a fundamental right “to…
Texas Supreme Court Blesses Prosecutorial Misconduct
Firing an employee in retaliation for refusing to perform an unlawful act violates both federal (Title VII of the Civil Rights Act of 1964)…
Memory Loss Does Not Preclude Execution
Mental Health America estimates that 5 to 10 percent of the nation’s 2700 death row inmates suffer from some form mental illness. In August…
Deadly Weapon Finding in DWI Reversed
Section 1.07(a)(17)(A) of the Texas Penal Code defines a “deadly weapon” as “ … anything manifestly designed, made, or adapted for the purpose of…
Prosecutor Improperly Argued Defendant was “Predator,” “Killer”
Article 37.07 § 3(a) of the Texas Code of Criminal Procedure has long been considered one of the guiding principles concerning the admissibility of…
Prejudice Presumed in Appeal Waiver Case
A defendant seeking to establish that he received ineffective assistance of counsel during a criminal proceeding must demonstrate (1) that his attorney’s performance was…
Texas Loses the Sunshine in Its Open Meetings Law
Open meetings laws are often referred to as “sunshine laws.” These laws require that meetings, decisions and records, with some exceptions, of state and…
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