Ineffective Habeas Corpus Counsel

August 19, 2011

There are severe statutory limits on the ability to file multiple habeas corpus applications in both state and federal courts. An applicant has essentially one chance to make his best case for relief on habeas corpus.   That one chance should be used wisely or a valuable right and remedy will be wasted. Absent exceptional [...]

Read the full article →

Would Have Been Flipped on Appeal

July 22, 2011

Even though I am a Texas criminal appeals lawyer, I have more than a passing interest in the Casey Anthony trial in Florida. Now that she has been acquitted on the most serious charges against her, it has been revealed the State of Florida relied on false evidence in an effort to secure her conviction [...]

Read the full article →

Bank Robber Motivated by Prison Benefits

June 24, 2011

In my years of practice as a criminal appeals lawyer, I have never had a client who wanted to get caught for a crime and go to prison.  Nevertheless, the ABA Journal recently reported on such an individual.  A North Carolina bank robber committed his crime for an unexpected reason.  James Verone passed a note [...]

Read the full article →

Texas Criminal Appeals Deadlines

May 25, 2011

How long does someone have to file a criminal appeal for a conviction in a Texas state court? Notice of appeal needs to be filed within 30 days of sentence being imposed in open court.  If a motion for new trial is timely filed, the deadline to file notice of appeal is extended to 90 [...]

Read the full article →

Difference Between Habeas Corpus and Criminal Appeal

May 18, 2011

What is the difference between a criminal appeal and an application for habeas corpus? A criminal appeal usually presents the best opportunity to have a conviction overturned.  Claims such as rules violations, statutory violation, erroneous evidentiary rulings, improper jury argument, and sufficiency of the evidence can be addressed on direct appeal to a criminal appeals [...]

Read the full article →

Helpful Answers from a Texas Criminal Appeals Lawyer

May 12, 2011

What are the most common criminal appeals law cases? The most common criminal appeals cases are those filed in the 14 intermediate appellate courts throughout the state.  Each court decides cases from a particular geographic area of the state.  In the federal system, all criminal appeals from Texas federal district courts are decided by the [...]

Read the full article →

Interview With A Texas Criminal Appeals Lawyer

May 6, 2011

How many years have you been practicing in Texas criminal appeals law? I have practiced Texas criminal appeals law for my entire legal career.  I was licensed by the Supreme Court of Texas on June 10, 1977.  My first job out of law school was at the Department of Corrections representing my clients on post-conviction [...]

Read the full article →

He did what?

April 20, 2011

I am always on the lookout for errors in my client’s conviction which could lead to relief.  A criminal appeals lawyer or habeas corpus lawyer will tell you a common claim presented in criminal appeals is that of ineffective assistance of counsel.   Unlike the United States, lawyers in Canada are required to carry malpractice insurance.  [...]

Read the full article →

How About a Week in Cabo for a Death Penalty?

April 1, 2011

As a criminal appeals lawyer, I have noticed a disturbing trend developing in a number of prosecutor offices around the country.  Supervisors and elected prosecutors are offering prosecutors in their offices bonuses based on their conviction rates or number of cases tried in a given year resulting in criminal convictions.  The bonuses have taken the [...]

Read the full article →

Want Out of Prison? Talk To a Texas Criminal Appeals Lawyer

March 18, 2011

Even though you have been convicted, you still have important legal rights that must be protected.  A Texas criminal appeals lawyer can advise you of your options and explain to you the legal issues that may be available in an appeal or application for habeas corpus. You Need a Criminal Law Specialist Trying to appeal [...]

Read the full article →