Issues Unique to Texas Criminal Appeals
Texas maintains one of the most distinctive appellate structures in the nation, with a bifurcated highest court system that separates criminal and civil matters entirely. The Texas Court of Criminal Appeals serves as the court of last resort for all criminal cases, operating independently from the Texas Supreme Court, which handles only civil matters. This separation means that attorneys handling criminal appeals must develop expertise specific to the Court of Criminal Appeals' preferences, precedents, and procedural expectations rather than relying on general appellate experience.
Below the Court of Criminal Appeals sit fourteen Regional Courts of Appeals distributed across the state, each exercising intermediate appellate jurisdiction over criminal matters within their geographic boundaries. These courts are located in Houston (two courts), Dallas, Fort Worth, Austin, San Antonio, Texarkana, Amarillo, El Paso, Beaumont, Waco, Eastland, Tyler, and Corpus Christi/Edinburg (dual locations of the 13th Court). Understanding the tendencies of the specific court handling your appeal provides strategic advantages.
Access to the Court of Criminal Appeals from intermediate appellate courts requires filing a Petition for Discretionary Review, commonly known as a PDR. Unlike mandatory appeals, the Court of Criminal Appeals chooses which cases to hear based on factors including conflicts among the courts of appeals, important questions of state law, and significant constitutional issues. Crafting an effective PDR requires different skills than brief writing at the intermediate level, as the petition must persuade the court that the case merits its limited review time.
Texas post-conviction relief operates primarily through Article 11.07 of the Texas Code of Criminal Procedure, which governs habeas corpus applications for individuals convicted of felonies. These applications allow challenges based on constitutional violations, ineffective assistance of counsel, newly discovered evidence, and other grounds that could not have been raised on direct appeal. Unlike some states, Texas routes Article 11.07 applications through the original trial court for fact-finding before transmittal to the Court of Criminal Appeals for final determination.
One of Texas's most progressive post-conviction remedies is the Junk Science Writ, codified as Article 11.073, which permits challenges to convictions based on scientific evidence that has since been discredited or reinterpreted. This statute has provided relief in cases involving outdated forensic techniques, such as bite mark analysis and certain arson investigation methods, where scientific consensus has shifted since the original trial. Attorneys experienced with Article 11.073 understand the evidentiary requirements for demonstrating that changes in scientific knowledge undermine the reliability of trial evidence.
The deadline for filing a notice of appeal in Texas criminal cases is strictly enforced at thirty days from the date sentence is imposed. Missing this deadline permanently forfeits the right to direct appeal, making immediate consultation with appellate counsel following an adverse verdict essential. The Texas Defender Service provides resources for capital defense, while the State Counsel for Offenders assists with certain post-conviction matters for indigent defendants.
How To Choose a Texas Criminal Appeals Lawyer
Selecting appellate counsel in Texas requires evaluating the attorney's familiarity with the state's unique procedural landscape. Begin by asking prospective attorneys about their experience specifically with Texas criminal appeals, including how many cases they have handled before the various Courts of Appeals and the Court of Criminal Appeals. Request information about their track record with PDRs, as the ability to secure discretionary review reflects sophisticated understanding of what issues resonate with the state's highest criminal court.
Assess the attorney's experience with the specific type of relief you seek. Direct appeals from trial judgments require thorough record review and issue identification skills, while Article 11.07 habeas applications demand investigative capabilities and the ability to develop evidence outside the trial record. If your case involves potentially flawed forensic evidence, ask whether the attorney has handled Article 11.073 junk science writs and can connect you with appropriate experts to evaluate the scientific issues.
Examine the attorney's writing through sample briefs from prior cases. Appellate advocacy succeeds or fails primarily through written submissions, and you deserve counsel whose analytical clarity and persuasive style meet professional standards. Ask about the attorney's oral argument experience, particularly if your case may proceed to argument before a Court of Appeals panel. Inquire about their approach to client communication and how frequently you can expect updates on your case's progress through the often lengthy appellate process.
Exercise caution with attorneys who promise specific outcomes or seem unfamiliar with recent developments in Texas appellate procedure. The Court of Criminal Appeals grants relief in a relatively small percentage of cases, and honest counsel will acknowledge these realities while explaining why your circumstances may warrant pursuing an appeal.
Understanding Prices for Texas Criminal Appeals
Appellate representation requires substantial attorney investment in record review, legal research, and careful brief preparation. Texas criminal appeals attorneys typically structure fees as either flat rates for defined phases of representation or hourly billing for the time actually expended. Flat fees provide cost predictability, while hourly arrangements may better suit cases with uncertain scope or complexity.
Multiple factors influence the cost of your appeal. The length of the trial transcript directly affects review time, with lengthy trials involving multiple witnesses generating thousands of pages requiring careful examination. The number and complexity of appellate issues matters significantly, as each argument requires independent research, analysis, and briefing. Cases involving specialized areas such as Article 11.073 junk science claims may require expert consultation that adds to overall costs.
When discussing fees with prospective attorneys, request a written agreement specifying exactly what services are included. Clarify whether the quoted amount covers the entire appeal through final disposition or only certain phases such as initial briefing. Ask about additional costs you may incur beyond attorney fees, including transcript preparation, filing fees, and any travel expenses for oral argument. If the full fee exceeds your immediate resources, inquire about payment plans or phased billing arrangements that some attorneys offer.
Prepare for fee consultations by gathering key information about your case, including the charges, sentence received, trial court location, and any specific issues you believe warrant appeal. This information enables attorneys to provide more accurate estimates.
About SPCRC Recommendations
The Spolin Post-Conviction Resource Center provides these attorney recommendations as an independent public service to assist individuals and families seeking qualified appellate representation in Texas. Our recommendations reflect careful evaluation of attorneys' qualifications, experience with Texas criminal appellate procedures, and reputation within the legal community.
We maintain complete independence in our recommendation process. No attorney or firm can pay for inclusion, enhanced placement, or favorable treatment in our listings. Our assessments consider factors including demonstrated experience before Texas appellate courts, familiarity with Article 11.07 and other state-specific procedures, track record of obtaining meaningful results for clients, and professional standing with the State Bar of Texas.
We understand that choosing an attorney involves personal considerations beyond credentials alone. Our recommendations provide a starting point for your research rather than a guarantee of outcome. We encourage you to verify each attorney's bar standing, review their background, meet with multiple candidates, and make your own informed decision about representation.