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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…
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…
Category: Appeals | Criminal Law | Homicide/Murder
In the late afternoon hours of August 1, 2015, Christopher Rion was driving his Dodge Challenger in Dallas, Texas, when he collided with a Toyota Highlander. The collision left the Highlander driver, Claudia Loehr, and a passenger, Claudena Parnell, seriously…
Category: Appeals | Criminal Justice Reform | Discovery 39.14 | Prosecutorial Misconduct
Pretrial discovery in criminal cases in Texas is governed by Article 39.14 of the Texas Code of Criminal Procedure. The Texas Legislature enacted the discovery statute in 1965. The essential purpose of the rule was to enforce the strict duty…
An individual convicted of a criminal offense in Texas has a right to appeal that conviction. It can, however, be a complicated process that must be initiated quickly in order to have any sort of advantage.
An experienced attorney…
When many people think of appeals in criminal cases in Texas, their minds go straight to death row cases – and for good reason. Death row appeals tend to attract media attention, especially they involve the reversal of conviction based…
Category: Appeals | Death Penalty | SCOTUS
Defending a person charged in a serious criminal case, under the best of circumstances, is a difficult task and an extraordinary professional responsibility. Defending a death penalty case under any circumstance is much more arduous and requires years of commitment…
Category: Appeals
The justice system isn’t always perfect. Although endowed with numerous procedural protections and safeguards, trial of criminal cases can, and often do, result in unfair verdicts. Jury biases, police misconduct, and/or prosecutorial misconduct can skew the facts against the defendant…
Category: Appeals | Drug Crime
The Confrontation Clause prominently embedded in the Sixth Amendment to the United States Constitution provides that a criminal defendant has a fundamental right “to be confronted with the witnesses against him.”
Fifteen years ago the U.S. Supreme Court forcefully…
Category: Appeals | Prosecutorial Misconduct
Firing an employee in retaliation for refusing to perform an unlawful act violates both federal (Title VII of the Civil Rights Act of 1964) and Texas (Chapter 21 of the Texas Labor Code) law.
Further, the Texas Supreme Court…
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