San Antonio criminal appellate lawyer Daniel De La Garza has been either lead or associate counsel in more than 100 criminal appeal and post-conviction writ of habeas corpus cases. He has filed appellate briefs in the San Antonio Court (4th Court of Appeals), both Houston courts (1st Court of Appeals and 14th Court of Appeals), the El Paso (8th Court of Appeals), the Austin Court (3rd Court of Appeals), and the United States Court of Appeals for the Fifth Circuit; and has assisted in oral argument in both the First Court of Appeals, and the Fourth Court of Appeals.
For a high-quality criminal appeal lawyer in San Antonio contact the Law Office of Daniel De La Garza, PLLC today.
Motion for New Trial
A motion for new trial is a post-conviction motion that may be used to ask the trial court to grant a new trial based on newly discovered evidence, a verdict contrary to law and evidence, or in the interest of justice. A motion for new trial may also be strategically filed to supplement the appellate record with new evidence that was not available during the trial.
If you need a criminal appeal lawyer in San Antonio, contact the Law Office of Daniel De La Garza, PLLC immediately. Motions for new trial have strict due dates, and are due 30 days from the date the sentence was imposed.
The record in a criminal appeal usually consists of the Clerk’s Record and the Reporter’s Record.
The Clerk’s Record is prepared by the court clerk and contains everything that was field with the court. Usually the Clerk’s Record consists of the indictment, any motions filed by the state or defense, the judgment and sentence, the notice of appeal, and the trial court’s certification of defendant’s right of appeal.
The Reporter’s Record on the other hand is prepared by the court reporter and is a record of everything that was said on the record in court.
Oral argument is the opportunity for each side to present their side of the issues in front of the appellate court using verbal, instead of written, skills. Not every case is granted oral argument. The appellate court usually grants oral argument in cases where the issue is novel or particularly unusual.
The side appealing the trial court’s judgment (usually the defendant in a criminal appeal case) is called the Appellant, while the side defending the judgment (usually the State in a criminal appeal case) is called the Appellee. Each side will file a legal document called an appellate brief. The appellate brief filed by the Appellant advises the appellate court of the complained of issues and suggests a remedy. The Appellee will then file a reply brief arguing why the remedy should be denied and the judgment affirmed.
Whether oral argument is granted or denied, at some point the case will be submitted to the appellate court for a decision. If the court decides no issues rise to the level of reversal it will affirm the trial court’s judgment. If the court decides the issues warrant reversal it will remand the case back to the trial court and order a new trial, or in rare instances render a verdict of acquittal.
Petition for Discretionary Review
If the decision of the appellate court is to affirm, or uphold, the conviction the next step is to file a petition for discretionary review (PDR). A PDR must be filed in the Texas Court of Criminal Appeals within 30-days after the date the judgment is issued in the court of appeals, or 30-days after rehearing or motion for en banc reconsideration is overruled.
The Texas Court of Criminal Appeals refuses most PDR’s because they are used to explore novel concepts and new legal ground. Most cases heard on PDR involve groundbreaking case law that sets the shape of criminal defense law in Texas.