I have won multiple appeals in various courts throughout Texas. While some believe the odds of winning an appeal are low, a thorough and strategic approach can raise your chances. 

If you have lost a trial in state or federal court, your case is not over. Every defendant has the right to a direct appeal, and the lawyer you choose to represent you on appeal can have a great impact on the outcome of your case.  In Texas, a direct appeal is taken to one of the fourteen Courts of Appeals.  For federal cases tried in Texas, appeal is to the Fifth Circuit Court of Appeals.  From there, cases can be appealed to either the Texas Court of Criminal Appeals or to the United States Supreme Court.  I am licensed in each of these Courts.

On direct appeal, I am usually confined to raising errors which were objected to by your trial attorney. However, there are some exceptions to the general rule.  The first step I take when representing a client on appeal is to obtain and carefully review the record (both the clerk’s record and reporter’s record).  I am looking for errors in the trial process, for example: the judge permitted the state to use evidence which should not have been admitted before the jury; the judge kept out your evidence that should have been admitted before the jury; the judge gave improper jury instructions; or other errors in your trial which could have affected your case.  Once I have reviewed the record, I research each potential appellate issue which I have identified. The legal research is the foundation upon which a winning appeal is built.  After I have thoroughly researched the facts and the law, I begin writing the appellate brief. 

In state court, if you plead guilty, you often have waived your right to appeal, but in Federal Court, even if you plead guilty, there can be errors associated with your sentencing.  Federal sentencing is a complex, and unlike state court, the trial court must first properly calculate your guideline sentence using the Federal Sentencing Guidelines.  If the trial court improperly calculates these guidelines sentence, it is possible to obtain a new sentencing proceeding.  For trial cases, the federal system is much like the state system.  

My strategy in criminal appeals is the same as my strategy in trial cases. By accepting a limited number of cases, I am able to ensure that I spend the time necessary to effectively represent my clients.  My goal is to leave no stone unturned, and to give each appeal maximum effort.  I feel that every client deserves everything I’ve got.