Being convicted of a crime does not mean your case is over. If you believe mistakes were made during your trial, you have the right to appeal. What are the grounds for appeal in Texas?
When issues affect the outcome of your conviction, you might be able to challenge it. Here is a breakdown of the main grounds for filing a criminal appeal in Texas.
Legal Mistakes During the Trial
Trials are supposed to be fair. Unfortunately, judges or attorneys may make serious legal errors that can affect the final verdict. Some of these include:
- Bad jury instructions: If the judge gave the jury incorrect or misleading instructions about the law, the verdict might be flawed.
- Evidence mistakes: In the event that the court allowed evidence that should have been excluded, it could have unfairly influenced the jury.
- Wrong interpretation of the law: If the judge misunderstood or misapplied the law, it could have led to a wrongful conviction.
Not every mistake is enough to overturn a conviction. It has to be an error that impacted the case.
Here are some of the grounds that could be used to lead to an appeal.
Not Enough Evidence to Support the Verdict
In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. You may have grounds for an appeal if the evidence does not support the verdict.
Keep in mind that appellate courts do not re-examine every detail of the case. However, they will look at whether a reasonable jury could have reached the same verdict based on the evidence presented. The conviction could be overturned if the case relied on weak, circumstantial, or conflicting evidence.
Prosecutorial Misconduct
Prosecutors have a duty to seek justice. If they acted unfairly or unethically, it could give you a valid reason to appeal. Some examples include:
- Withholding evidence
- Misleading the jury
- Encouraging false testimony
If any of these actions played a role in your conviction, an appeals court may step in and reverse the decision.
Ineffective Assistance of Counsel
Your defense attorney plays a huge role in the outcome of your case. If they made serious mistakes or didn’t properly defend you, you might be able to appeal based on ineffective assistance of counsel.
You will need to prove that your lawyer made critical errors and those mistakes affected the outcome. Courts will not overturn convictions just because an attorney is not perfect. But if their mistakes were serious enough to hurt your case, you may have a strong appeal.
Juror Misconduct
Jurors must remain neutral. They also need to follow the judge’s instructions and only consider the evidence presented in court. If they break these rules, it could be grounds for an appeal. If juror misconduct is proven, the court may order a new trial.
Sentencing Errors
Even if the conviction itself was fair, the sentence might not be. Texas follows sentencing guidelines, but mistakes can happen. You may have grounds for an appeal if:
- The sentence for your conviction is longer than legally allowed.
- The judge miscalculated sentencing factors.
- The punishment is far too severe compared to the crime.
If a sentencing error is found, an appellate court may reduce the sentence or return the case for a new sentencing hearing.
Newly Discovered Evidence
Sometimes, new evidence comes to light that was not available at the time of trial. If that evidence could have changed the results, you may be able to appeal. This evidence must:
- Be credible and convincing
- Have been unavailable at trial
Newly discovered evidence does not always lead to an automatic reversal. However, if it is strong enough, it could justify a new trial or even a full exoneration.
Get the Help You Need for an Appeal
Getting convicted doesn’t always mean the case is closed. If mistakes were made, you have the right to challenge the verdict with help from a criminal defense attorney.
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.