Brownstone Law represents clients in Texas criminal, civil, and federal appeals. Our Texas appeal lawyers evaluate trial-court records, identify appealable errors, prepare appellate briefs, and represent clients before Texas appellate courts and the U.S. Court of Appeals for the Fifth Circuit.
Our attorneys will review the available information and discuss potential appeal options.
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An appeal requires more than disagreeing with a court’s decision. The appellant must identify a reviewable legal or procedural error, demonstrate where that issue appears in the trial-court record, and explain why it justifies appellate relief.
Our appeal lawyers in Texas represent clients seeking review of criminal convictions, civil judgments, federal court decisions, and other appealable orders. Depending on the case, appellate representation may include:
The court, rules, filing deadline, and available relief depend on whether the case arose in the Texas state system or federal court. Understanding that distinction is therefore one of the first steps in evaluating an appeal.
Texas state appeals and federal appeals follow different rules and move through different court systems. The correct path depends on which court entered the judgment, whether the matter is civil or criminal, and what type of order is being challenged.
| Issue | Texas state appeal | Federal appeal arising in Texas |
|---|---|---|
| Starting court | A Texas district, county, or other trial court with an appealable judgment or order | A U.S. district court or another federal tribunal with an appealable decision |
| Appellate court | One of Texas's intermediate courts of appeals, subject to the court's jurisdiction | U.S. Court of Appeals for the Fifth Circuit in most federal cases arising in Texas |
| Governing rules | Texas Rules of Appellate Procedure and applicable statutes | Federal Rules of Appellate Procedure, Fifth Circuit rules, and applicable statutes |
| Highest Texas court | Supreme Court of Texas for civil and juvenile matters; Texas Court of Criminal Appeals for criminal matters | Further review may be sought in the U.S. Supreme Court, usually through a petition for a writ of certiorari |
| Nature of further review | Often discretionary after the intermediate appeal | U.S. Supreme Court review is discretionary in most cases |
Our firm has extensive experience handling federal appeals across Texas, including criminal, civil, and administrative cases. We are committed to providing you with the best representation before the Fifth Circuit and the U.S. Supreme Court.
Brownstone Law represents people seeking review of Texas criminal convictions, sentences, and other appealable criminal rulings. A criminal appeal may raise an error that appears in the trial record, including:
The existence of an error does not automatically require reversal. The appellate court considers the applicable standard of review, whether the issue was preserved, and whether the error was harmful under the governing law.
Direct criminal appeals are also different from post-conviction applications. A direct appeal generally reviews errors shown by the trial record. Claims that depend on evidence outside that record may need to be raised through a different procedure.
Our Texas civil appeals practice includes review of final judgments and appealable interlocutory orders in business disputes, commercial litigation, insurance matters, shareholder disputes, and other complex civil cases accepted by the firm.
A civil appeal may involve:
An appellate lawyer does not simply repeat the trial arguments. Counsel must identify reviewable issues, select the strongest arguments, apply the appropriate standard of review, and explain why the error warrants appellate relief.
We handle federal criminal appeals arising from convictions, sentences, plea proceedings, and other appealable rulings entered by federal courts in Texas. These appeals generally proceed to the U.S. Court of Appeals for the Fifth Circuit.
A federal criminal appeal may involve:
A federal criminal appeal is different from a motion under 28 U.S.C. § 2255. A direct appeal ordinarily addresses issues shown by the district-court record. A Section 2255 motion is a collateral proceeding filed in the sentencing court and may address certain constitutional or jurisdictional claims, including some ineffective-assistance claims. The appropriate procedure depends on the claim, record, prior proceedings, and applicable deadlines.
Brownstone Law represents clients in updating federal civil judgments and appealable orders entered by federal courts in Texas. These matters generally proceed to the Fifth Circuit.
A federal civil appeal may involve:
Federal appellate counsel determines whether the decision is final or otherwise appealable, identifies the controlling standard of review, evaluates preservation of error, and prepares briefs that comply with the Federal Rules of Appellate Procedure and Fifth Circuit rules.
Not every matter called an “appeal” follows the ordinary Texas appellate process. Some disputes begin before a government agency, administrative tribunal, appraisal review board, justice court, or another specialized decision-maker.
Specialized proceedings may include:
These matters can have distinct filing deadlines, hearing procedures, evidentiary rules, exhaustion requirements, and standards of judicial review. Some may proceed through an administrative review process before a party can seek relief in court.
Texas has 15 intermediate courts of appeals. These courts exercise appellate jurisdiction within their geographic districts, subject to constitutional and statutory provisions. The Fifteenth Court of Appeals has statewide civil intermediate appellate jurisdiction in specified matters, including certain cases involving the state and certain business-court appeals.
Texas has two state courts of last resort:
Most civil and non-death-penalty criminal cases first proceed from a trial court to the appropriate intermediate court of appeals. Further review by the Supreme Court of Texas or Texas Court of Criminal Appeals is generally discretionary and requires the proper petition or application; it is not simply an automatic second appeal.
The Texas Court of Criminal Appeals reviews criminal matters within its jurisdiction. Its work includes petitions for discretionary review, direct review of death-penalty cases, and certain post-conviction writ proceedings. It is distinct from Texas’s intermediate courts of appeals and from the federal Fifth Circuit.
To file an appeal in Texas, a party generally begins by filing a notice of appeal in the trial court that entered the judgment or appealable order. Filing the notice starts the appellate process, but it does not by itself present the legal arguments or suspend enforcement of the judgment.
The usual stages include:
Filing requirements vary significantly. A person should not assume that an ordinary deadline applies to an accelerated appeal, restricted appeal, eviction matter, agency proceeding, or another specialized case.
We begin by identifying the judgment or order, the relevant court, the procedural posture, and any immediate filing deadline. We also consider whether a direct appeal, discretionary petition, post-conviction proceeding, or another remedy may apply.
Our attorneys examine the available pleadings, motions, rulings, transcripts, exhibits, and post-trial filings. Effective appellate advocacy requires prioritizing the issues most likely to affect the judgment rather than presenting every conceivable disagreement.
We research the controlling statutes, rules, and precedent and prepare briefs that explain the error, standard of review, preservation, harm, and requested relief. Clear written advocacy is central because many appeals are decided without oral argument.
When oral argument is granted, we prepare to address the panel's questions and the issues that may determine the appeal. After a decision, we assess whether rehearing, en banc review, discretionary state high-court review, or U.S. Supreme Court review is legally available and strategically appropriate.
We explain the appellate stages, material deadlines, available arguments, and possible outcomes. No attorney can guarantee reversal, but clients should understand the legal strategy and procedural status of their case.
We help clients file post-conviction motions to challenge trial court decisions, addressing ineffective counsel and other issues. Our goal is to seek a fair and just resolution for our clients.
Habeas corpus petitions are an essential tool for challenging unlawful convictions. We guide clients through the habeas corpus process in Texas federal and state courts, working tirelessly to protect their rights.
We specialize in appellate cases across Texas. Our expert attorneys represent clients in both federal appeals and state courts. Locations we serve in Texas include:
Reach out for a comprehensive review of your case and legal options.
Contact the Law Office of Robert Sirianni today for a comprehensive review of your case. Our team will help you understand your legal options and provide the expert guidance you need to navigate the appellate process successfully.
Texas is within the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit reviews federal appeals arising from federal district courts in Texas, Louisiana, and Mississippi.
Federal cases arising in Texas generally come from the Northern, Southern, Eastern, or Western District of Texas. A federal appeals lawyer may:
Federal appeals are governed by applicable jurisdictional statutes, the Federal Rules of Appellate Procedure, and the Fifth Circuit’s rules. The notice of appeal is generally filed in the federal district court that entered the judgment or appealable order, not directly in the Fifth Circuit.
In an ordinary Texas civil case, the notice of appeal is generally due within 30 days after the judgment is signed. Under Texas Rule of Appellate Procedure 26.1, the period may extend to 90 days when a party timely files certain qualifying post-judgment documents. Accelerated and restricted appeals follow different timelines.
For a Texas criminal defendant, the notice of appeal is generally due within 30 days after sentence is imposed or suspended in open court, or after the trial court enters an appealable order. The period generally becomes 90 days when the defendant timely files a motion for new trial.
Federal deadlines are different. Under Federal Rule of Appellate Procedure 4, a notice of appeal in an ordinary federal civil case is generally due within 30 days after entry of the judgment or order, although different rules may apply when the United States or a federal officer or agency is a party. A federal criminal defendant generally has 14 days after entry of the judgment or order being appealed, subject to the rule's specific provisions.
These are general rules, not a deadline calculation for a particular case. The type of order, post-trial filings, service, party status, and specialized statutes can change the analysis. Missing an appellate deadline can limit or eliminate review, so prompt case-specific advice is essential.
A Texas appeal may take several months to more than a year, but there is no single duration that applies to every case. Timing depends on the type of appeal, the length of the record, transcript preparation, briefing extensions, the court's docket, whether oral argument is granted, and whether a party seeks rehearing or further review.
The process usually includes record preparation, briefing, possible oral argument, submission to the court, and issuance of an opinion or order. Accelerated appeals move under shorter procedural schedules. Complex civil or criminal cases with extensive records can take longer.
An appellate lawyer can explain the expected stages after reviewing the court, case type, record, and current procedural status, but no lawyer can guarantee when the court will issue a decision.
An appeal bond is a bond required in certain proceedings or used to secure obligations associated with appellate review. In an ordinary civil case, filing a notice of appeal does not necessarily stop enforcement of the judgment. A judgment debtor may need to supersede the judgment, often through a bond, deposit, or other method authorized by Texas law, to suspend enforcement while the appeal is pending.
The amount and type of security depend on the judgment, the governing rules, statutory limits, and trial-court orders. Eviction appeals and other specialized matters have separate bond and payment requirements. An appeal bond should therefore not be described as a universal fee that every Texas appellant must pay.
To choose a Texas appeal lawyer, look for an attorney with substantial appellate experience who understands the court handling the appeal, the trial record, the legal issues involved, and the applicable procedural requirements. The right appellate lawyer should be able to assess whether an appeal is viable, identify critical deadlines and preservation issues, and develop arguments based on the existing record.
When evaluating a Texas appeal lawyer, consider the following:
Texas has 15 intermediate courts of appeals. Most serve geographic appellate districts. The Fifteenth Court of Appeals has statewide civil intermediate appellate jurisdiction over specified categories of cases.
No. An appeal ordinarily asks a higher court to review the existing record for legal or procedural error. The appellate court generally does not hear witnesses again or consider new evidence. If the judgment is reversed and the case is remanded, a new trial or other lower-court proceeding may follow.
Further review may be available, but it is usually discretionary. Depending on whether the case is civil or criminal, a party may seek review in the Supreme Court of Texas or Texas Court of Criminal Appeals using the procedure required by the applicable rules. A federal question may sometimes support a petition for a writ of certiorari in the U.S. Supreme Court after state-court review is complete.
The Supreme Court of Texas is the state's highest court for civil and juvenile cases. It has final appellate jurisdiction over most civil and juvenile matters and oversees the Texas judicial system.
In Texas, judges of the Texas Court of Criminal Appeals are elected by voters in statewide partisan elections. They serve six-year terms. If a vacancy occurs between elections, the governor appoints a replacement to serve until the next general election.
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