Texas law provides two primary ways to challenge a criminal conviction. The first is through the direct appeal process, which allows a defendant to appeal the conviction directly to an appellate court. The second is through an Article 11.07 habeas application, which allows the defendant to challenge the conviction or sentence by filing a Habeas Application returnable to the Court of Criminal Appeals.
The direct appeal process is relatively straightforward. A defendant must file a notice of appeal within 30 days of the conviction, and the appellate court will review the case to determine if any errors were made during the trial. If the appellate court finds any errors, then the conviction can be overturned and the case might be sent back for a new trial.
A habeas application, on the other hand, is a bit more complicated. A defendant must file an Application returnable to the Court of Criminal Appeals which includes evidence that the conviction or sentence was obtained in violation of the defendant’s constitutional rights. The Court can then either grant the application, meaning that the conviction or sentence is overturned, or deny the application, meaning that the conviction or sentence must stand.
Both direct appeals and 11.07 habeas applications have their advantages and disadvantages. Direct appeals are usually easier and quicker to file, but they can only be used to challenge errors made during the trial and must be pursued directly after the trial. Once the conviction is considered final, there are no more appeals. Habeas applications, on the other hand, are not as restrictive. Habeas Applications can take longer, but they can be used to challenge constitutional violations that occurred throughout the entire legal process or prove the actual innocence of the defendant.
With over 20 years of legal experience, James is a skilled attorney who knows how to help those with criminal convictions navigate their legal rights and protect their interests.
James has a wealth of legal knowledge, having served as a Judicial Staff Attorney for the Texas Court of Criminal Appeals, an Assistant Attorney General for the
With over 20 years of legal experience, James is a skilled attorney who knows how to help those with criminal convictions navigate their legal rights and protect their interests.
James has a wealth of legal knowledge, having served as a Judicial Staff Attorney for the Texas Court of Criminal Appeals, an Assistant Attorney General for the Office of the Texas Attorney General, and an Assistant District Attorney for the Nueces County District Attorney’s Office.
James has served as a CJA Panel Attorney for federal criminal appeals and Travis County criminal appellate appointments.
James has also been involved in civil matters such as contract, business, and real estate disputes, DTPA, injury, employment litigation, and probating estates.
James graduated from the Northeastern University School of Law in Boston, Massachusetts, with a J.D. and is admitted to practice in the State of Texas and the Commonwealth of Massachusetts. He is licensed and has practiced in the Supreme Court of the United States; the Texas Court of Criminal Appeals; the Texas intermediate appellate cour
James graduated from the Northeastern University School of Law in Boston, Massachusetts, with a J.D. and is admitted to practice in the State of Texas and the Commonwealth of Massachusetts. He is licensed and has practiced in the Supreme Court of the United States; the Texas Court of Criminal Appeals; the Texas intermediate appellate courts; the Court of Appeals for the Fifth Circuit; and the United States District Courts for the Western, Northern, Southern, and Eastern Districts of Texas.
James has the legal expertise to be able to effectively navigate the complexities of the criminal justice system. His years of service as a judicial staff attorney for the Texas Court of Criminal Appeals and as an Assistant Attorney General for the Office of the Texas Attorney General have given him the tools to assess records and evidenc
James has the legal expertise to be able to effectively navigate the complexities of the criminal justice system. His years of service as a judicial staff attorney for the Texas Court of Criminal Appeals and as an Assistant Attorney General for the Office of the Texas Attorney General have given him the tools to assess records and evidence and to identify important legal issues. He is well-versed in state and federal laws and is knowledgeable of the applicable case law and legal precedents that could affect the outcome of the case. Moreover, James has the writing skills to communicate facts and legal arguments concisely and persuasively and to accurately prepare documents that reflect the facts of the case and the applicable law.
James is familiar with the rules and procedures that must be followed when filing a response or objection, and he knows how to prepare for and present a hearing in court. He has the knowledge to choose the correct court and ensure that the appropriate documents are included. Additionally, James has the expertise to write an effective memorandum that summarizes and highlights the points raised during the hearing to accurately cite the applicable law and apply the facts of the case to the law. He is knowledgeable of the rules of appellate procedure and can provide the necessary guidance to pursue any necessary appeals. Lastly, James is familiar with the rules of parole eligibility and review and can help explain them so an offender understands his or her rights and the process involved in seeking parole.
