Appellate Law

After a decision is rendered in a criminal trial by a jury or a judge, the losing party has the right to have the decision reviewed by a higher court. If you or your loved-one was wrongly convicted of a crime or did not receive a fair trial, the decision may be appealed to a higher court with the ability to overturn the conviction. Contact our office for a consultation at (713) 226-8920.

What is an Appeal?

An “appeal” is to ask a higher court to reverse the decision of a trial court after a guilty verdict. When the lower court’s judgment is entered into the record, the losing party (appellant) must file a notice of appeal, request transcripts or other records of the trial court and file appellate briefs with the appeals court. A brief is a written argument combined with facts and a description of the errors made by the lower court. The State (appellee) may file a responsive brief countering these arguments. One last brief is filed by the appellant, to counter the arguments of the State. The higher court may overturn the conviction, deny relief to the appellant, remand the case back to the lower court, or grant relief in part and deny in part.