TEXAS CRIMINAL APPEALS

Direct Appeal from a Judgment of Conviction

When a judgment of conviction is entered by the trial court the clock begins to tick immediately. The first decision you will need to make will be whether you should file a motion in the trial court asking for a new trial. The “Motion for New Trial” is much more than simply a request that the trial court give you a second bite at the apple. The Motion for New Trial is an opportunity for your appellate lawyer to introduce information into the record that might not otherwise be included. This is an important consideration because the appeals court that ultimately reviews the case can only consider issues that were included in the record. There are a number of issues that should be developed in a hearing on a motion for new trial. 

Alternatively, and depending upon the individual facts and circumstances, it might make more sense to simply file your Notice of Appeal and prepare for direct appellate review. Either way, what is important to understand is that appellants have only 30 days in which to make that very important decision. 

Overall, this is the thing to understand about a criminal appeal: you cannot simply appeal a conviction because you believe the jury got it wrong. Juries are fact-finders. They determine the who, what, when, where, and how, of a case. Generally, appellate courts will not overturn the juries determination of the facts. So, that’s the bad news. The good news is that just about everything else is subject to potential appellate review. This can include the things your lawyer did or did not do, the things the attorney for the state did or did not do, and the things the judge in the trial court did or did not do. There are innumerable potential issues that can be raised on appeal.

But, the appeal is not the place to introduce new information. This is probably the single most difficult concept for lay persons to understand. But, appeal-able issues must be “grounded in the record.” Essentially, what that means is that whatever issue is to be contested must have been contested on the record. The record is simply the trial transcript. So, if there is an issue you believe should result in a new trial or a new hearing on punishment, call Rick Oliver Attorney at Law before it’s too late to file a Motion for New Trial (which is the vehicle that can be used to introduce your issue in to the record so that it can be raised on appeal).   

Your case may also be reviewed by the Court of Criminal Appeals, but it selects which cases it hears, so a request for review is not a guarantee that your case will be looked at by this body.