Appellate work is a different practice from trial defense — it lives or dies on the record made below, the standard of review, and the brief. The cases turn on issue preservation, harmless-error analysis, and the appellate court's tolerance for novel arguments. Habeas practice adds an additional layer: factual development outside the trial record, statute of limitations under AEDPA, and exhaustion doctrine.
L and L Law Group, PLLC briefs direct appeals to all Texas intermediate courts and the Texas Court of Criminal Appeals, files state habeas under articles 11.07 (felony), 11.071 (death penalty), and 11.072 (community supervision), and represents petitioners under 28 U.S.C. § 2254 in federal habeas. We also handle motions for new trial, mandamus, and post-conviction DNA testing.
Habeas Direct Appeal Defense
Read more →Habeas Federal Habeas Defense
Read more →Habeas State Habeas Defense
Read more →Fifth Circuit Appeals
Federal direct appeals to the U.S. Court of Appeals for the Fifth Circuit — Olano/Puckett plain-error and Gall/Kimbrough sentencing-reasonableness work.
Read more →Texas Brady violation appeal defense
Texas Brady violation appeal under Brady v. Maryland + CCP Art. 39.14 Michael Morton Act. Frisco TX post-conviction attorneys.
Read more →Fifth District Appeals Defense
Texas 5th Court of Appeals (Dallas) practice — direct criminal appeals from Dallas, Collin, Grayson, Hunt, Kaufman, Rockwall counties.
Read more →Texas ineffective counsel appeal defense
Texas ineffective counsel appeal under Strickland v. Washington. CCP Art. 11.07 habeas + § 2254. Frisco TX attorneys.
Read more →Texas plain error appeal defense
Texas plain error appeal under Fed. R. Crim. P. 52(b) and Olano. T.R.A.P. 33.1 preservation. Frisco TX appellate attorneys.
Read more →Frequently Asked Questions
How long does a Texas criminal appeal take?+
Direct appeals to a Texas court of appeals typically take 12–18 months from notice of appeal to opinion, driven by record preparation, briefing schedule, and the court's docket. Discretionary review at the Texas Court of Criminal Appeals adds 6–18 months when granted. Federal habeas under § 2254 often runs 2–4 years through district court and potentially longer through the Fifth Circuit.
Can the State appeal a "not guilty" verdict?+
No. Once a jury returns a "not guilty" verdict (or a judge enters a directed verdict on sufficiency grounds), double jeopardy bars any State appeal of the acquittal under U.S. Const. Amend. V. The State can appeal certain pretrial rulings (suppression orders, indictment dismissals) under CCP Article 44.01, but not an acquittal.
What is the difference between an appeal and a habeas petition?+
An appeal is review of trial-court errors visible on the record — the 30-day deadline applies and the appellate court is bound by the existing record. A habeas petition is a collateral attack on the conviction that allows development of evidence outside the original trial record (ineffective assistance, new evidence, prosecutorial misconduct discovered later). Habeas under Article 11.07 has no time limit so long as the petitioner remains in custody, but the AEDPA federal counterpart has a one-year clock.
Do I get a new lawyer for the appeal?+
Often yes — and frequently you should. Appellate practice is specialized. Trial counsel cannot effectively argue his own ineffectiveness, and many appellate issues require fresh eyes on the record. The right to counsel on direct appeal under Anders v. California is enforced, and indigent defendants are entitled to appointed appellate counsel.
Can new evidence trigger a new trial after conviction?+
Yes, under several frameworks. A motion for new trial under TRAP 21 is available within 30 days of sentencing. Newly discovered evidence beyond that window is generally pursued through Article 11.07 habeas or, where forensic-science changes apply, under Article 11.073. The standard requires the evidence to be material, unavailable at trial through due diligence, and probably outcome-determinative.
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What is texas criminal appeals and post-conviction under Texas law?
Elements the State must prove
Every criminal appeals charge is built on statutory elements. The State carries the burden on each element beyond a reasonable doubt under Penal Code § 2.01. Defense work begins by identifying which element the State will struggle to prove on this case’s record.
- For direct appeal under TRAP 25.2: notice of appeal filed within 30 days of sentencing (90 days if motion for new trial filed).
- For motion for new trial under TRAP 21.4: filed within 30 days of sentence; ground must be statutorily authorized.
- For state habeas under CCP Article 11.07: applies to felony post-conviction; jurisdictional in the Court of Criminal Appeals.
- For § 11.072 community-supervision habeas: applies to deferred-adjudication and probation cases where the petitioner is still under supervision.
- For federal habeas under 28 U.S.C. § 2254: one-year limitations period under § 2244(d); exhaustion requirement; AEDPA deference under § 2254(d).
Penalty range matrix
The exposure on a criminal appeals case depends on the specific subsection, the alleged conduct, and any enhancement allegations. The table below captures the principal charge tiers we see.
| Procedure | Court | Deadline | Standard |
|---|---|---|---|
| Motion for new trial | Trial court | 30 days of sentence (TRAP 21.4) | Statutory grounds |
| Direct appeal | Court of Appeals | 30 days (90 if MNT filed) | Preserved error |
| Petition for discretionary review | Court of Criminal Appeals | 30 days after court of appeals opinion | Importance and merit |
| State habeas (11.07 felony) | Court of Criminal Appeals via trial court | No limit but later filings disfavored | Newly discovered/IAC/constitutional |
| State habeas (11.072 community supv.) | Trial court | While on supervision | Same as 11.07 |
| Capital habeas (11.071) | Court of Criminal Appeals | Per court order | Specialized standard |
| Federal habeas (§ 2254) | U.S. District Court | 1 year (with exhaustion) | AEDPA deference |
How the cases come up — hypothetical scenarios
These scenarios illustrate how criminal appeals charges arise in DFW criminal practice. They are illustrative only and do not describe any specific client or outcome.
- A defendant convicted after trial seeks to challenge a suppression ruling. Motion for new trial under TRAP 21.4 within 30 days; direct appeal preserves the issue for the court of appeals.
- A defendant whose direct appeal is denied seeks discretionary review at the Court of Criminal Appeals. Petition for discretionary review under TRAP 68.
- A defendant convicted of a felony seeks post-conviction relief based on ineffective assistance of trial counsel. CCP Article 11.07 habeas under Strickland v. Washington, 466 U.S. 668 (1984).
- A defendant on deferred adjudication seeks to set aside the plea based on involuntariness. CCP Article 11.072 community-supervision habeas in the trial court.
- A defendant whose state appeals are exhausted seeks federal habeas under 28 U.S.C. § 2254. One-year limitations period under § 2244(d) from the date the state judgment became final.
- A defendant who claims newly discovered evidence after sentencing — CCP Article 11.07 § 4 subsequent application allows for actual-innocence claims, retroactive new constitutional rules, or scientific evidence.
- A defendant on death row pursues CCP Article 11.071 capital habeas — distinct from 11.07 with appointed counsel, evidentiary hearings, and direct review at CCA.
Common defenses
Criminal Appeals defense draws on constitutional, statutory, and evidence-based theories. The mix of available defenses depends on the specific charge, the State’s evidence, and the procedural posture.
What to do if you’re charged — five steps
The first 72 hours after an arrest or charging decision shape the case. The five steps below are the framework our partners apply on every new criminal appeals retainer.
Appellate issues must be preserved by timely objection and ruling at trial under Texas Rule of Appellate Procedure 33.1. Unpreserved error reviews under plain-error or fundamental-error standards (very narrow).
Under TRAP 26.2, notice of appeal must be filed within 30 days of sentencing (90 days if motion for new trial filed). Late filings are jurisdictionally barred.
Court reporter prepares the reporter's record and clerk prepares the clerk's record. Appellant's brief due 30 days after the record is filed; State's brief follows; reply optional.
Oral argument is by motion under TRAP 39; many cases are decided on briefs alone. Decision opinions issue within 6–18 months of submission.
After court of appeals opinion: discretionary review at CCA under TRAP 68; rehearing under TRAP 49. After review denied or exhausted: post-conviction habeas under CCP Article 11.07 or 11.072.
Collateral consequences
A conviction or even a deferred-adjudication finding can carry consequences beyond the sentence itself. The list below identifies the most common collateral exposures for criminal appeals matters.
- Limitations clock under 28 U.S.C. § 2244(d) for federal habeas starts on final state judgment
- AEDPA deference under § 2254(d) limits federal review of state-court merits decisions
- Successive-petition restrictions under CCP Article 11.07 § 4 and § 2244(b)
- Bond pending appeal under CCP Article 44.04 — restricted in felony cases
- Sentence credit during appeal
- Eligibility for parole and supervised release may proceed during appeal
- Civil-suit collateral consequences of an affirmed conviction
Cited authorities
- Strickland v. Washington, 466 U.S. 668 (1984) — Two-prong ineffective-assistance standard: deficient performance and prejudice.
- Marin v. State, 851 S.W.2d 275 (Tex. Crim. App. 1993) — TODO: verify Texas preservation-of-error framework citation.
- Padilla v. Kentucky, 559 U.S. 356 (2010) — Counsel ineffective for failing to advise on immigration consequences of plea.
Related practice areas, calculators, and resources
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