What to Know

Reviewing the Record and Evidence

Whether the conviction is new and may be directly appealed or it is old and may be challenged in a writ of habeas corpus, it is necessary to review the court records, research the facts of the case, gather any new evidence, and find the applicable law. Direct appeals are limited and writs are very technical. There are strict rules and deadlines for both.

Analyzing the Claims

Once the facts and applicable law have been researched, it is important to analyze the claim or claims that will be pursued. This involves identifying possible claims for a new trial or for an acquittal and developing arguments for each claim. It is also important to consider any potential defenses or counterarguments that may be used by the Prosecution.

Drafting the Pleadings

Once the claims have been identified and developed, it is time to draft the actual direct appeal documents or the writ of habeas corpus application. It is important to ensure the correct pleadings are drafted, accurately reflect the facts, and persuasively argue the claims.

Filing with the Court

To have the direct appeal considered or have a writ of habeas corpus hearing, the proper documents must be filed with the proper court. This involves preparing the documents and ensuring they are accurate before submitting them to the court.

Preparing Responses and Objections

It is important to respond to pleadings the Prosecution will file and to court orders. This involves researching the applicable law and drafting additional documents to file. It is important to ensure the arguments in the responses and objections are supported by facts and law.

Attending Court Hearings

A trial or appellate court may order an evidentiary hearing to be conducted or an oral argument presented. This is in the courtroom and is in front of one or more judges. It may include the introduction of evidence or arguing legal issues. The Prosecution will be permitted to present evidence and give an argument as well.

Submitting Post-Hearing Memoranda

After any court hearings, it may be necessary to submit post-hearing memoranda. This involves researching the applicable law and preparing and submitting the memoranda.

Reviewing the Judgment

The court will render a judgment. It may be a written opinion, it may be findings of fact and conclusions of law, or it may be some other court order. The court may grant a new trial or punishment hearing, it may order that the accused be acquitted, it may deny relief, or it may do something else or even unexpected. Whatever the disposition, it must be carefully reviewed. If the direct appeal or habeas application has been successful, the Prosecution may attempt to appeal. If the direct appeal or habeas application has not been successful, there may be a higher court in which to raise the claims. It is important to pursue all claims to completion.

Parole

Texas parole (and related mandatory supervision) is a form of provisional release from prison that allows an offender to serve a portion of his or her sentence in the community. Parole is granted by the Texas Board of Pardons and Paroles, which is composed of nine members appointed by the Governor. The Board considers the offender's criminal history, current behavior, and other factors to determine whether or not to grant parole. If parole is granted, the offender must meet certain conditions and will likely be subject to monitoring and supervision by a parole officer. The process for obtaining parole may include the submission of written material to demonstrate eligibility and suitability for parole and a parole interview or hearing,

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