Houston, Texas Appeals Process

Skilled Houston and Galveston Appeals Lawyer

Not just any attorney can successfully represent an individual at the appellate court level. Competent appeals court representation requires an attorney with extensive experience and knowledge regarding criminal appellate law. Appeals often arise from a formal accusation of a crime and the subsequent court proceeding, where the outcome may be challenged. This includes the ability to conduct serious research and analysis of a case and court records. The appellate court’s task is to determine whether the law was applied correctly in the trial court.

If you are interested in pursuing an appeal, start your inquiry at Tad Nelson & Associates. All of our attorneys are knowledgeable and skilled in appeals representation. We can review your case and discuss with you how we can move forward in appealing your criminal conviction. A case may be appealed if the losing party believes the decision law was not correctly applied or if an official error occurred during the proceeding. The appellate court may refer to the record and previous decisions, and the case is reviewed to determine if the law was properly applied. The person pursuing an appeal is called an appellant, while the person defending the lower court’s ruling is the appellee or respondent.

The word ‘appeal’ comes from the Latin verb ‘appellāre’, meaning to speak to or address, and is related to the French word for appeal. ‘Appeal’ is a noun derivative of these roots, and the Latin root ‘pellere’ means to push or drive, which metaphorically connects to the idea of urging a higher court to review a decision.

Tad Nelson is a Board-Certified* Criminal Defense Attorney in Texas

Attorney Tad Nelson is a board-certified criminal defense attorney in Texas. He and his team of experienced Houston appeals lawyers can aggressively and effectively defend you in all post-trial matters, including appeals of criminal convictions. In the federal system, there is an appeal of right from the District Court to the Court of Appeals but appeals from the Court of Appeals to the Supreme Court are discretionary. The U.S. Supreme Court is established under Article III of the Constitution, while other federal courts, such as Article I Courts, are established under different articles.

For driven and results-oriented criminal appeals representation, contact us at Tad Nelson & Associates. Schedule an initial consultation with one of our skilled Galveston appellate lawyers. There are 13 appellate courts that sit below the U.S. Supreme Court, known as U.S. Courts of Appeals.

Post-trial matters our firm assists with include: The U.S. Supreme Court is the highest court in the United States.

• Direct appeal — An appeal made directly to the state or federal court of appeals or higher court from a trial court.
• Writs of habeas corpus — A judicial mandate ordering a prisoner to appear before a judge to determine if he or she is lawfully imprisoned. If it is determined that the prisoner’s constitutional rights have been violated in relation to his or her imprisonment, the court may order his or her release.
• Motions for new trial — A formal legal request to overturn a court’s decision or jury verdict so a new trial can be held.
• Motions to vacate — A formal legal request made to a court to remove or withdraw a previous judgment or verdict.
• Forfeiture proceedings — In certain criminal cases, an individual’s property or possessions may be seized to aid in investigation. Asset forfeiture is common in drug-related cases.
• Post-sentencing motions — If an individual believes that something went wrong during his or her trial resulting in an unfair sentence, he or she can file a post-sentencing motion. A post-sentencing motion must be filed within 10 days of the sentencing. The practical authority given to the court is known as its jurisdiction.

There are many grounds for an appeal, including improper/erroneous jury instructions, improper admission of evidence and ineffective assistance of counsel. Our attorneys have exceptional advocacy and writing skills that are necessary to effectively argue your case. Courts may also be established by constitution or an equivalent constituting instrument. Talk to us today to commence your appeals process.

For Criminal Appeals Representation, Contact Tad Nelson & Associates

If you require criminal appellate court representation in Texas, seek the help of an experienced Houston appeals attorney at Tad Nelson & Associates. Contact us online or call us at [(281) 918-7831](tel:(281) 918-7831). The sooner you seek legal representation, the better your chances of a successful appeal.

Why Choose Tad Nelson & Associates for Your Galveston County Appeal?

When it comes to appeals in Galveston County, you want a lawyer who understands the local court systems, judges, and procedures. Tad Nelson & Associates has a proven track record of success in appellate courts throughout Texas, including Galveston County. Our reputation and results attract clients seeking an attractive option for appellate representation. We combine deep legal knowledge with strategic thinking and meticulous preparation to ensure your appeal is presented effectively.

Our firm understands that appeals are not simply a rehash of the trial but require a fresh perspective focused on legal errors or procedural mistakes that affected the trial’s outcome. Appellate courts have the authority to decide whether such errors influenced the result, and the idea behind an appeal is to ensure justice is served. We carefully analyze every detail of your case, including trial transcripts, evidence, jury instructions, and motions, to identify strong grounds for appeal.

Understanding the Appeals Process in Galveston County

Navigating the appeals process can be complex and time-sensitive. Here is an overview of the steps involved in a typical criminal appeal in Galveston County:

1. Notice of Appeal: The appellant (the person appealing) must file a notice of appeal within a strict deadline, typically within 30 days after the judgment or sentence is entered.
2. Preparation of the Record: The trial court prepares the record on appeal, which includes transcripts, evidence, and court documents.
3. Briefs Submission: Both parties submit written briefs to the appellate court. The appellant’s brief outlines the legal errors claimed and arguments for reversal or modification of the decision. The appellee’s brief responds to these claims.
4. Oral Arguments: In some cases, the appellate court schedules oral arguments where attorneys present their positions and answer judges’ questions. The appellate court may hear arguments from both parties before making a decision.
5. Decision: The appellate court issues a written decision, which may affirm, reverse, or remand the case for further proceedings. The case is thoroughly reviewed, and relief may be granted if errors are found.

If the appeal is lost, the appellant may have further options, or the proceeding may conclude.

Throughout this process, having an experienced appellate lawyer is critical to meet deadlines, craft persuasive legal arguments, and advocate on your behalf.

Court Structure and Hierarchy in Texas Appeals

The Texas court system is a multi-layered structure designed to ensure fairness, consistency, and efficiency in the resolution of private disputes and the administration of justice. At the foundation are the trial courts, including district courts, county courts, and justice courts, where cases are first heard, evidence is presented, and initial court decisions are made. These trial courts serve as the starting point for most legal proceedings, whether they involve criminal accusations, civil litigation, or other matters.

When a party is dissatisfied with a ruling from a lower court, the Texas appellate courts provide a vital avenue for seeking judicial review. The next level in the hierarchy consists of the intermediate courts of appeals, which are tasked with reviewing decisions from the trial courts. These appellate courts have the authority to examine the record, consider the arguments of the parties, and determine whether the law was applied correctly. Their power to review and, if necessary, correct errors made by lower courts is a cornerstone of the Texas legal system.

At the top of the state’s judicial hierarchy are the Texas Supreme Court and the Texas Court of Criminal Appeals. The Texas Supreme Court is the highest authority for civil matters, while the Texas Court of Criminal Appeals has the final say in criminal cases. These supreme courts have the power to review decisions from the intermediate appellate courts, ensuring that the law is interpreted and enforced consistently across the state. In addition to these general jurisdiction courts, Texas also has specialized courts, such as bankruptcy courts and administrative courts, which handle specific types of cases and disputes.

The process of appealing a decision in Texas typically begins with the losing party—often called the appellant—filing a formal petition or notice of appeal with a higher court. This earnest request for review is rooted in the Latin word “appellāre,” meaning to speak to or address, and the Middle English tradition of making a formal petition to a superior authority. The appellate process involves submitting briefs, presenting evidence, and, in some cases, participating in oral arguments before a panel of judges. The higher court then reviews the lower court’s decision, considering the law, the evidence, and the arguments presented by both parties.

The outcome of an appeal can have significant consequences. The appellate court may affirm the lower court’s ruling, reverse it, or remand the case for further proceedings. In some instances, new penalties or sanctions may be imposed, or a new trial may be ordered. This process not only provides a means for correcting errors but also reinforces the principle of judicial review, ensuring that the law is applied correctly and that parties have a fair opportunity to challenge court decisions.

Texas courts are also subject to the authority of the federal courts, including the U.S. Supreme Court, which has the ultimate power to review matters involving federal law and constitutional issues. This layered system of courts and appeals is an example of how government structures can provide multiple opportunities for review, correction, and the pursuit of justice.

In summary, the Texas court system is designed to offer a fair and impartial forum for resolving disputes, with each level of court—trial courts, appellate courts, and supreme courts—playing a distinct and important role. The appeals process is a critical component, allowing parties to challenge lower court decisions, seek judicial review, and ensure that justice is served throughout the state. Whether addressing private disputes, agency decisions, or complex litigation, the Texas appellate system stands as a testament to the enduring importance of the rule of law and the right to appeal.

Common Grounds for Appeal in Criminal Cases

Successful appeals often hinge on specific legal errors or violations that occurred during the trial, especially those arising from criminal accusations and the legal proceedings that follow. Some common grounds for appeal include:

• Improper Jury Instructions: When the trial court gives incorrect or misleading instructions to the jury about the law or how to evaluate evidence.
• Insufficient Evidence: Arguing that no reasonable jury could have found the defendant guilty of the crime based on the evidence presented.
• Ineffective Assistance of Counsel: Claiming that the defense lawyer’s performance was so deficient that it denied the defendant a fair trial.
• Procedural Errors: Such as improper admission or exclusion of evidence, prosecutorial misconduct, or judicial bias. The appellate court may strike improper rulings or actions from the record during the proceeding.
• Sentencing Errors: When the sentence imposed exceeds statutory limits or violates constitutional protections.

Our appellate attorneys thoroughly review the trial record to identify any of these errors and develop a compelling appeal strategy.

The Importance of Judicial Review and Appellate Courts

Appellate courts play a vital role in the justice system by providing judicial review of lower court decisions. Parties may resort to the appellate process as an official means to challenge lower court decisions. This review ensures that trials are conducted fairly and according to the law, protecting the rights of individuals and maintaining public confidence in the legal system.

In Texas, as in the federal system, appeals are heard by appellate courts that have the authority to affirm or reverse trial court rulings. When reviewing cases, appellate courts may refer to prior decision law to guide their rulings. The U.S. Supreme Court stands as the highest authority, but it hears only a small fraction of appeals, usually those involving significant legal questions or constitutional issues.

How We Support Clients Through Appeals and Post-Trial Matters

At Tad Nelson & Associates, we understand that an appeal can be a stressful and uncertain time. Appeals often require significant investments of time and money, so our team is committed to providing clear communication, compassionate support, and cost-effective, vigorous representation at every stage.

Beyond appeals, we assist clients with related post-trial matters such as:

• Writs of Habeas Corpus: Challenging unlawful imprisonment or constitutional violations.
• Motions for New Trial: Requesting a new trial due to errors or newly discovered evidence.
• Motions to Vacate Judgment: Asking the court to set aside a previous verdict or sentence.
• Forfeiture Proceedings: Defending against seizure of property related to criminal cases.
• Post-Sentencing Motions: Addressing unfair sentencing or procedural issues after conviction.

Our comprehensive approach ensures you have strong legal support tailored to your unique situation.

Commitment to Galveston County and the Greater Houston Area

As a firm deeply rooted in Houston and Galveston County, Tad Nelson & Associates is dedicated to serving our community with integrity and excellence. We stay current with changes in local and state laws and maintain strong relationships with courts and legal professionals in the area.

Choosing a local appellate lawyer means you benefit from personalized service, prompt responses, and attorneys who understand the nuances of Galveston County’s legal environment. We strive to be the go-to appellate law firm for individuals seeking justice and effective legal advocacy in our region.

Contact Tad Nelson & Associates Today for Your Appeal

If you or a loved one face the challenge of appealing a criminal conviction in Galveston County or the Houston area, do not delay. The appeals process has strict deadlines and complex rules that require experienced legal guidance.

Contact Tad Nelson & Associates today by phone at (281) 377-7931 or through our online contact form. Schedule a consultation with one of our skilled appellate lawyers who will review your case, explain your options, and help you pursue the best possible outcome.

With Tad Nelson & Associates on your side, you gain a dedicated legal team committed to protecting your rights and fighting for justice in every step of your appeal.

Frequently Asked Questions About Appeals in Galveston County

Q: How long does the appeals process take?
A: Appeals can take several months to over a year depending on the complexity of the case, court schedules, and whether the appeal proceeds to higher courts.

Q: Can I represent myself on appeal?
A: While possible, appeals are highly technical legal matters. Having an experienced appellate attorney greatly improves your chances of success.

Q: What if new evidence is discovered after my trial?
A: New evidence may be grounds for a motion for new trial or other post-trial relief. Your attorney can advise on the best course of action.

Q: What if the appellate court affirms my conviction?
A: If the appeal is unsuccessful, other post-conviction options may be available, such as filing writs of habeas corpus or seeking executive clemency.

Q: How much does an appeal cost?
A: Costs vary based on case complexity and attorney fees. We provide transparent fee structures and work to achieve the best outcome efficiently.

By choosing Tad Nelson & Associates, you are partnering with a firm that combines local knowledge, legal expertise, and a passion for justice to guide you through the appellate process. Let us help you pursue a fair resolution and protect your rights in Galveston County and beyond.