Appeals in Criminal Court Cases - Texas Courts
Until the 1980 amendment to the Texas Constitution, all appeals in criminal cases (other than de novo appeals to the county court) were handled by the Texas Court of Criminal Appeals, which sits in Austin and is composed of eight judges and one presiding judge, all of whom are elected to a six-year term. Over the years, the backlog of cases awaiting decision in this court grew to the point that many defendants serving short sentences completed their imprisonment and were released before their appeals were decided. To alleviate this situation, a constitutional amendment and statute were adopted, changing the former courts of civil appeals to courts of appeals and giving them criminal jurisdiction in addition to the civil jurisdiction that they always had.
Until the 1980 scheme, all criminal cases (except death penalty cases), as well as all civil cases, are appealed to the courts of appeal. Death penalty cases are reviewed directly by the Court of Criminal Appeals, and that court may, in its discretion, review any other criminal case after it has been decided by a court of appeals.
A criminal appeal begins by giving a notice of appeal in the trial court, either orally or in writing. The notice must be filed within 30 days after sentencing if there is no motion for a new trial or within 90 days after a motion for a new trial is overruled. The Court of Appeals may extend these time limits for god cause. A notice of appeal may be withdrawn before decision of the appeal and, with the consent of the court and the prosecution, may be withdrawn even after decision.
The availability of release on bail pending appeal depends upon the severity of the offense and sentence. A defendant appealing from a misdemeanor conviction is automatically entitled to release on reasonable bail. A felony defendant whose sentence does not exceed 15 years confinement is entitled to bail unless the trial court finds that there is good cause to believe that the defendant would not appear to serve the sentence when the conviction became final or that he or she is likely to commit another offense while on bail. A defendant sentenced to more than 15 years is not entitled to bail.
If the defendant was on bail while awaiting trial after conviction, the trial court may increase or decrease the amount of bail as it deems proper. In the event that a defendant is not released on bail and escapes from confinement while the appeal is pending, the appeal will be dismissed, unless the defendant voluntarily surrenders within ten days of escaping. Escaped appellants with life sentences may continue their appeals at the court's discretion, if they voluntarily surrender within 31 days.
After a notice of appeal is filed, the court reporter and trial court clerk, as in civil cases, prepare a transcript and, if desired, a statement of fact. Once this appellate record is completed, it is presented to the trial judge for approval and is filed with the clerk of the trial court and forwarded to the clerk of the court of appeals.
Within 30 days after the record is approved, the defendant must file an appellate brief. Within 30 days of the filing of the defendant's brief, the state files its appellate brief. Unless waived by the parties, oral argument is then heard. As soon as reasonably possible, the court then renders its opinion and judgment. As in civil caes, there are provisions for a motion for rehearing.
Once a criminal case has been decided by a court of appeals, it may be reviewed by the Court of Criminal Appeals. The court itself may direct that a case be reviewed, by an Order Granting Review issued within 60 days of the Court of Appeals' opinion or within 45 days after the overruling of the last motion for rehearsing. Should the Court of Criminal Appeals need more time to make this decision, it may issue an order for review extending this time for up to 45 more days. Alternatively, the losing party may file with the clerk of the court of appeals a petition for discretionary review, more than 15 but less than 45 days after the court of appeals' opinion or within 30 days after the overruling of the last motion for rehearing.
Within 15 days of such a petition, the record is forwarded to the Court of Criminal Appeals, and within 30 days of the petition, the opposing party may file a response. The Court of Criminal Appeals then denies the petition, in which case the decision of the Court of Appeals becomes final, or grants the petition, in which case briefs are filed, oral arguments held, and an opinion rendered as in the case of the original appeal in the court below. A motion for rehearing may be filed.
In a death penalty case, the appeal is heard directly by the Court of Criminal Appeals, following the same procedure that is followed by a court of appeals in ordinary criminal appeals. The decisions of the court of appeals and Court of Criminal Appeals are not reviewable in the Texas Supreme Court, which has no criminal jurisdiction. If a federal question is involved, the losing party may seek review in the US Supreme Court after going as far as possible in the Texas appellate system.
Until the 1980 scheme, all criminal cases (except death penalty cases), as well as all civil cases, are appealed to the courts of appeal. Death penalty cases are reviewed directly by the Court of Criminal Appeals, and that court may, in its discretion, review any other criminal case after it has been decided by a court of appeals.
A criminal appeal begins by giving a notice of appeal in the trial court, either orally or in writing. The notice must be filed within 30 days after sentencing if there is no motion for a new trial or within 90 days after a motion for a new trial is overruled. The Court of Appeals may extend these time limits for god cause. A notice of appeal may be withdrawn before decision of the appeal and, with the consent of the court and the prosecution, may be withdrawn even after decision.
The availability of release on bail pending appeal depends upon the severity of the offense and sentence. A defendant appealing from a misdemeanor conviction is automatically entitled to release on reasonable bail. A felony defendant whose sentence does not exceed 15 years confinement is entitled to bail unless the trial court finds that there is good cause to believe that the defendant would not appear to serve the sentence when the conviction became final or that he or she is likely to commit another offense while on bail. A defendant sentenced to more than 15 years is not entitled to bail.
If the defendant was on bail while awaiting trial after conviction, the trial court may increase or decrease the amount of bail as it deems proper. In the event that a defendant is not released on bail and escapes from confinement while the appeal is pending, the appeal will be dismissed, unless the defendant voluntarily surrenders within ten days of escaping. Escaped appellants with life sentences may continue their appeals at the court's discretion, if they voluntarily surrender within 31 days.
After a notice of appeal is filed, the court reporter and trial court clerk, as in civil cases, prepare a transcript and, if desired, a statement of fact. Once this appellate record is completed, it is presented to the trial judge for approval and is filed with the clerk of the trial court and forwarded to the clerk of the court of appeals.
Within 30 days after the record is approved, the defendant must file an appellate brief. Within 30 days of the filing of the defendant's brief, the state files its appellate brief. Unless waived by the parties, oral argument is then heard. As soon as reasonably possible, the court then renders its opinion and judgment. As in civil caes, there are provisions for a motion for rehearing.
Once a criminal case has been decided by a court of appeals, it may be reviewed by the Court of Criminal Appeals. The court itself may direct that a case be reviewed, by an Order Granting Review issued within 60 days of the Court of Appeals' opinion or within 45 days after the overruling of the last motion for rehearsing. Should the Court of Criminal Appeals need more time to make this decision, it may issue an order for review extending this time for up to 45 more days. Alternatively, the losing party may file with the clerk of the court of appeals a petition for discretionary review, more than 15 but less than 45 days after the court of appeals' opinion or within 30 days after the overruling of the last motion for rehearing.
Within 15 days of such a petition, the record is forwarded to the Court of Criminal Appeals, and within 30 days of the petition, the opposing party may file a response. The Court of Criminal Appeals then denies the petition, in which case the decision of the Court of Appeals becomes final, or grants the petition, in which case briefs are filed, oral arguments held, and an opinion rendered as in the case of the original appeal in the court below. A motion for rehearing may be filed.
In a death penalty case, the appeal is heard directly by the Court of Criminal Appeals, following the same procedure that is followed by a court of appeals in ordinary criminal appeals. The decisions of the court of appeals and Court of Criminal Appeals are not reviewable in the Texas Supreme Court, which has no criminal jurisdiction. If a federal question is involved, the losing party may seek review in the US Supreme Court after going as far as possible in the Texas appellate system.
