The world of criminal appeals in Houston is a complex and challenging arena. A successful appeal can mean the difference between freedom and incarceration. However, the outcome of an appeal doesn’t solely depend on the facts of the case or…
Category: Appeals
July22
2023
2023
Posted By: John Floyd
Category: Appeals | Criminal Law
In a January 21, 2022, post, we called upon the Texas justice system to vacate the 1998 murder conviction and death sentence of Rodney Reed.
That will not happen.
On June 28, 2023, the Texas Court of Criminal Appeals, in…
July08
2023
2023
In Texas, a criminal conviction occurs once a jury delivers its verdict of guilty to the trial judge or a defendant elects to plead guilty, and the judge accepts the plea.
There is a significant difference between these two types…
May28
2023
2023
Posted By: John Floyd
Category: Appeals | Felon in Possession of Firearm
For the past 56 years, federal courts have recognized, in the wake of U.S. Supreme Court precedent, that the Fourth Amendment’s prohibition against illegal searches and seizures extends to individuals a “reasonable expectation of privacy” that cannot be transgressed without…
Jan.13
2023
2023
Posted By: John Floyd
Category: Appeals | Constitutional Law | Criminal Law
The legal question before the Texas Court of Criminal Appeals (“CCA”) in a November 2, 2022 decision, State v. Hardin, was straightforward and constitutionally significant:
“Does a driver commit a traffic offense if the car’s right-rear tire briefly but safely…
Jan.13
2023
2023
Posted By: John Floyd
Category: Appeals | Criminal Law | Death Penalty
This past November, we posted a blog about the death penalty conviction of Ariel Escobar, who was sitting on Texas’ death row at the time, awaiting execution.
Escobar was convicted for the May 31, 2009, rape and murder of 17-year-old…
Aug.06
2022
2022
Posted By: John Floyd
Category: Appeals | Due Process | Sex Crimes | Sex Crimes Against Children
What happens when the judge, the prosecutor, and defense counsel fail in their respective duties to preserve a criminal defendant’s right to a fair and impartial trial?
On July 22, 2022, the Texas Court of Criminal Appeals (CCA) answered this…
July30
2022
2022
Posted By: John Floyd
Category: Appeals | Criminal Justice Reform | Police Misconduct | Prosecutorial Misconduct
As of July 21, 2022, the National Registry of exonerations reports that there have been 3,184 exonerations in criminal cases since 1989.
These numbers reinforce what many over-policed communities have known for generations: the nation’s criminal justice often fails in…
May30
2022
2022
Posted By: John Floyd
Category: Appeals | Criminal Law | Federal Criminal Law | SCOTUS
The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to effective assistance of counsel at both the trial and appellate level. A defendant raising an ineffective assistance claim in a post-conviction proceeding must meet a two-prong…
Mar.17
2022
2022
While all courts strive for finality in criminal cases, there are constitutionally protected appeals rights in these cases at both the federal and state levels.
How do you appeal a federal court ruling?
It can be complicated. But…
Take the first step toward protecting your freedom by contacting us now: