When your criminal appeal is denied in Texas, you might feel like it is the end of the road. However, a denied appeal is not the end of your legal fight. There are still legal options available.
With the right guidance, you may still be able to challenge your conviction or sentence. Here is what to do if your criminal appeal is denied in Texas, and what steps you can take for your case
Start by Reviewing the Court’s Opinion
When the appellate court denies an appeal, it issues a written opinion that explains its decision. Along with that, the document outlines the court’s reasoning. You need to review the opinion with your appellate attorney. When you understand the reasons for the denial, that will shape your next steps. You may even have to shift your strategy to continue your case.
File a Motion for Another Hearing
In some cases, you can file a motion for a rehearing. This asks the court to reconsider its decision based on something it may have missed or misinterpreted. However, you have a very short window. It is only 15 days from the date of the court’s judgment to file this motion.
Keep in mind that rehearings are rare and granted under limited circumstances. But, if there is a strong legal argument, this option might be worth pursuing.
Consider a Petition for Discretionary Review
If your appeal was denied by an intermediate court, you may be able to take it to the Texas Court of Criminal Appeals, the state’s highest court for criminal cases. You must file a Petition for Discretionary Review (PDR) to start the process. This petition is not a guarantee that your appeal will be granted. The Court of Criminal Appeals has the authority to choose the cases it wants to hear. Keep in mind that the Court only selects cases with significant legal issues or unsettled questions of law.
For these cases, you only have 30 days from the date of the appellate court’s final ruling to file your PDR. The petition must be focused, persuasive, and carefully written.
Explore Post-Conviction Relief Through Habeas Corpus
If your direct appeal and PDR are denied, you still have options. You may be able to challenge your conviction through a state habeas corpus application. For felony cases, this process is governed by Article 11.07 of the Code of Criminal Procedure.
Unlike direct appeals, habeas petitions allow you to introduce new evidence or raise issues that may not have been addressed during the trial or on appeal. Some of these common grounds include:
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Newly discovered evidence
- Violations of constitutional rights
Habeas petitions are filed in the trial court that heard your original case. If accepted, they are reviewed by the Texas Court of Criminal Appeals.
Look Into Federal Habeas Corpus Relief
If you have exhausted your options in state court, the next step could be filing a federal habeas corpus petition under 28 U.S.C. § 2254. You can argue that your state conviction violated your federal constitutional rights. In these cases, you must first “exhaust” all possible state-level remedies before filing federal habeas relief.
Consider Clemency or a Pardon
One last path to relief is seeking clemency or a pardon from the Governor of Texas. This is not a legal remedy through the courts. It is an executive decision recognizing extraordinary circumstances, like clear evidence of innocence or rehabilitation.
You would apply to the Texas Board of Pardons and Paroles. It will evaluate the request and make a recommendation to the governor. While this is often a long shot, it can provide relief when the legal system fails to deliver justice.
Get Help with Your Criminal Appeal Denial
So, what to do if your criminal appeal is denied in Texas? You have already been through so much, and hearing “no” from the court can feel like a final blow. But this is not necessarily the end. There are still legal avenues to explore.
If you or a loved one is facing a denial, you need to reach out to an experienced criminal defense lawyer. At the Law Office of Kerrisa Chelkowski, we can support you throughout the appeals process. Contact us today to schedule a consultation so we can start a thorough review of your case.