Texas Prison Inmate Criminal Appeals

Get Out of Prison with a Writ of Habeas Corpus Appeal

Often some inmates in Texas prisons are entitled to be released or to be given a new trial even though their regular criminal appeal process was unsuccessful. In these cases there may be opportunity in considering a writ of habeas corpus appeal. In some circumstances, this type of criminal appeal may be brought even many years after the person was sentenced to prison. 

A common example of when a prison inmate might obtain a new trial by way of a habeas corpus appeal is one where their lawyer mishandled the case. It is surprisingly common how many people end up in prison because their lawyer did not properly handle their case.  Prison  inmates in this situation should consider a habeas corpus appeal. 

Other examples of habeas corpus appeals are (1) newly discovered evidence that was not introduced in the original proceeding; (2) illegal sentences that were ordered by the original court; (3) improper conduct on the part of the prosecutor; (4) changes in the law; and (5) convictions based on unconstitutional statutes.

Mr. Hootman can review any prison sentence case to determine if it might be subject to reversal by way of a habeas corpus appeal. This is an often overlooked remedy that should be seriously considered by anyone serving a prison sentence in Texas, especially if the direct appeal has been unsuccessful.

Criminal Appeals in Texas – A Complex Journey

Texas criminal appeals are surprisingly complex.  The following are the various routes a criminal appeal can take.  Let’s call the person charged with a crime, John.

First. John is sentenced in the trial court.

Second. John must file a notice of appeal within 30 days after the sentence (sometimes the 30-day deadline is extended) so that the case is transferred to the court of appeals (there are 14 different courts of appeal in Texas).  The court of appeals can reverse, affirm, or modify the sentence. 

Third. If the sentence is affirmed by the court of appeals, John has 45 days to file an appeal to the Texas Court of Criminal Appeals in Austin.  The court of criminal appeals can accept the appeal for review or reject it.  If it accepts the appeal, then it can reverse, affirm, or modify the sentence.

Fourth. If the court of criminal appeals does not grant the relief requested, John has 90 days to file a petition for writ of certiorari¹ in the United States Supreme Court.  The Supreme Court can accept the appeal for review or reject it.  If it accepts the appeal, then it can reverse, affirm, or modify the sentence. 

Fifth. John can file an application for a writ of habeas corpus in the trial court that sentenced him.  The judge in the trial court is not authorized to grant the writ—the judge may only make a recommendation.  John is often entitled to a full evidentiary hearing on his application for a writ of habeas corpus.  This is a great benefit to John’s appeal.  After the trial judge makes his recommendation, the case is then sent to the court of criminal appeals, where a panel of appellate judges determines if a new trial should be awarded.

Sixth. If the court of criminal appeals does not grant relief on the application for a writ of habeas corpus, John may appeal the ruling to the United States Supreme Court.  Again, the Supreme Court can accept the habeas appeal for review or reject it.  If it accepts the habeas corpus appeal, it can reverse, affirm, or modify the sentence.

Seventh. John can file an application for a writ of habeas corpus in the United States District Court.  There is a one year time period from the sentence to file such a habeas appeal. 

Eighth. John can appeal the application for a writ of habeas corpus in the Federal trial court to the Federal Court of Appeals for the Fifth Circuit located in New Orleans.  The Federal court of appeals can reverse, affirm, or modify the sentence.

Ninth. If the Federal court of appeals does not grant relief on the habeas appeal from the Federal trial court, John can appeal to the United States Supreme Court.

Tenth. In limited circumstances, John can file additional applications for habeas corpus relief in State and Federal court which, again, may be appealed to the State court of appeals, to the Federal court of appeals, and to the United States Supreme Court.

¹Petition for Writ of Certiorari (informally called "Cert Petition."): A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.  It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.

If you are or if you know of friend or family member who is a Texas prison inmate and who you believe is innocent, contact the law office of Tim Hootman, at (713) 522-3200 or by email to determine if a writ of habeas corpus appeal can help.

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Tim Hootman, Texas Appellate Attorney 2402 Pease Street Houston, Texas 77003 click to email Tel: (713) 522-3200 Fax: (713) 583-9523 Cell: (713) 366-6229 Desde México: 001-713-366-6229