Experienced Appeal Attorney, Houston, Texas

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Why Hire an Appeals Lawyer in Houston?

When your future hinges on the outcome of an appeal, experience and precision matter. At Brownstone Law, our appellate attorneys in Houston, TX, focus exclusively on appeals.
Whether your case involves a criminal conviction or a complex civil dispute, we apply detailed legal research, record analysis, and a structured appellate strategy.

What Does an Appeals Lawyer Do?

An appeals lawyer reviews trial court records to identify legal errors and presents arguments to a higher court to reverse or modify the decision. No new evidence is introduced during an appeal.

Trusted Appeal Lawyers in Houston With Proven Results

Our appellate team in Houston has handled high-stakes cases, including:

Persuasive Oral Advocacy

When requested, courts may also allow oral argument in some cases. We strongly argue in court to highlight how errors in the trial court affected the decision.

“An appeal isn’t about retrying your case—it’s about showing where the trial court got it wrong.”
— Robert Sirianni, Texas appeal lawyer

Strong Representation

Our appellate lawyers review the trial record to identify legal grounds for appeal, which can be:
  • Errors in sentencing
  • Improper admission of evidence
  • Issues with jury instructions
  • Ineffective assistance of counsel
  • Errors in jury selection
  • Misapplication of the law
  • Prosecutorial misconduct
  • Double jeopardy violations
  • Violation of constitutional rights

Clear Communication

We keep you informed of every stage of your case, right from filing a Notice of Appeal to the final decision of the appellate court.

An Experienced Appellate Team

Our team includes former prosecutors, law clerks, and attorneys with appellate experience in both state and federal courts. Representation may include matters before:
  • Texas Court of Criminal Appeals
  • Supreme Court of Texas
  • United States Court of Appeals for the Fifth Circuit

Types of Appeal Cases We Handle

We handle both state and federal appellate matters, including:

  • Federal criminal appeals (e.g., sentencing, firearm enhancements)
  • State criminal appeals and post-conviction relief
  • Civil and business litigation appeals
  • Habeas corpus petitions (Art. 11.07 in Texas)
  • Petitions for discretionary review
  • Arbitration disputes and structured settlements

Houston State and Federal Appellate Courts

Texas Courts of Appeals

Texas has 15 Courts of Appeals, each serving a specific region. These courts review most civil and criminal appeals from trial courts.

Court of Appeals
Region
First Court of Appeals
Houston
Second Court of Appeals
Fort Worth
Third Court of Appeals
Austin
Fourth Court of Appeals
San Antonio
Fifth Court of Appeals
Dallas
Sixth Court of Appeals
Texarkana
Seventh Court of Appeals
Amarillo
Eighth Court of Appeals
El Paso
Ninth Court of Appeals
Beaumont
Tenth Court of Appeals
Waco

If your case originated in Houston or Harris County, it will typically be reviewed by:

According to the Texas Judicial Branch, each appellate court has jurisdiction over cases within its geographic region.

Federal Appeals in Houston

Federal cases from Houston are appealed to the United States Court of Appeals for the Fifth Circuit.
As outlined by the United States Courts, federal appellate courts review decisions from U.S. district courts within their circuit.

How the Appeals Process Works

What is an appeal?

An appeal is a legal process in which a higher court reviews a trial court’s decision to determine whether a legal error affected the outcome.

An appellate court does not hear new evidence or testimony. Instead, it reviews the trial record and legal arguments presented in written briefs.

Notice of Appeal

A notice of appeal must be filed within strict deadlines, depending on the case type and jurisdiction. The following table shows deadlines:
Jurisdiction
Case Type
Deadline (days)
Texas
Criminal
30
Texas
Civil
30
Federal
Criminal
14
Federal
Civil
30
  • If the United States is a party to a federal civil case, the deadline may be extended to 60 days.
  • Filing a motion for a new trial may extend deadlines in Texas cases.

Record Preparation

The appellate record includes:
  • Clerk’s Record (motions, orders, judgment)
  • Reporter’s Record (trial transcripts, testimony, rulings)
This record forms the basis of appellate review.

The Appellate Brief

The appellate brief explains:
  • Legal errors made by the trial court
  • Applicable laws and precedents
  • Why the decision should be reversed or modified

Oral Argument

The appellate court does not always allow oral argument. If granted, we make strong legal arguments while answering questions from judges.

The Decision

After reviewing your appeal, the court delivers one of the decisions shown in the table below:
Decision
Description
Affirmed
The original judgment stands
Reversed
The decision is overturned
Remanded
The case is sent back with instructions
Modified
Part of the decision is changed
Dismissed
The appeal is dismissed

What does “remanded” mean?

A remand occurs when the appellate court sends the case back to the trial court for further proceedings or a new decision.

Robert Sirianni

Robert L. Sirianni, Jr., Esq. is the President and Managing Partner of Brownstone Law, where his practice is devoted exclusively to appellate litigation in federal and state courts nationwide. With over two decades of experience, he has handled thousands of appeals involving criminal, civil, and constitutional law, and is licensed to practice before every U.S. federal court of appeal, including the U.S. Supreme Court. His background includes work with the U.S. Department of Justice, the Solicitor General’s Office, and roles within the White House and Congress, giving him deep insight into complex appellate matters.

Houston Texas Case Law Information Center: Recent Opinions of the Houston Courts of Appeal

Dr. Theodore Okechuku v. State of Texas (Federal 2255 Post Conviction Motion)(2019)
Dr. Theodore Okechuku appeals his conviction. Dr. Okechuku was charged with running a “pill mill‘.  The trial court committed an Alleyne error by allowing an unresolved question of fact increase Petitioner’s sentence without submitting the question to the jury.  The jury was not required to establish that Petitioner actually “brandished” a firearm with intent to intimidate, as that phrase is defined by law, and therefore the sentence enhancement for brandishing a firearm was applied in error to Petitioner and should be reversed.     
Under clear Supreme Court precedent when a disputed question of fact could possibly increase the sentence for a crime, that question of fact must be submitted to a jury for review. Alleyne v. United States, 133 S.Ct. 2151, 215 (2013) (“Any fact that, by law, increases the penalty for a crime is an element that must be submitted to the jury and found beyond a reasonable doubt. Mandatory minimum sentences increase the penalty for a crime. It follows, then, that any fact that increases the mandatory minimum is an element that must be submitted to the jury.” Texas Criminal Appeals
In Re Stone: Writ of Habeas Corpus in Texas
Article 11.07, §3(d) of the Code of Criminal Procedure authorizes a trial court to hold a hearing on an application for habeas corpus in a non-death penalty felony conviction.  The Texas Court of Criminal Appeals has established an extremely lenient standard for when a hearing should be held in a habeas corpus application. If an applicant “has alleged facts that, if true, might entitle him to relief, . . . the trial court [should resolve] the factual issues presented in accordance with Article 11.07, §3(d) of the Code of Criminal Procedure” by holding a hearing.  
Ex parte Patterson, 993 S.W.2d 114, 115 (Tex.Crim.App. 1999); see also Ex parte Hernandez, 398 S.W.3d 369, 374 (Tex.App. – Beaumont 2013, no pet.) (“In our opinion, the issues raised by Hernandez in his application allowed the parties to have post-conviction hearing in TexasTexas 1107 Writ of Habeas Corpus Petition
City of Denton v. Brian Rushing
In this Texas interlocutory appeal from an order denying a city’s plea to the jurisdiction and alternative motion for summary judgment, we must determine whether Local Government Code section 271.152, which waives a city’s immunity from suit on certain contracts, applies to these underlying claims. Read more about this Texas appeals case: City of Denton v. Brian Rushing The Local Government Code provides that a governmental entity that is authorized by law to contract and that enters into a contract waives its “immunity to suit for purposes of adjudicating a claim [under] the contract.” TEX. LOC. GOV’T CODE § 271.152.
RSL FUNDING, LLC AND RSL SPECIAL-IV LIMITED PARTNERSHIP v. RICKEY NEWSOME
The case originated from Dallas County and the 5th Court of Appeals District (05-15-00718-CV, 559 SW3d 169, 08-30-16). Bill of review action brought by Rickey Newsome to set aside an allegedly void nunc pro tunc order. RSL Funding, LLC and RSL SpecialIV Limited Partnership moved to compel arbitration and to stay the case pending arbitration. The arbitrable dispute grows out of a radical and punitive alteration of the parties’ contract made by an order approving a transfer under the state’s Structured Settlement Protection Act. Trial Court: The Honorable Carl Ginsburg presides over the 193rd Judicial District Court of Dallas County, Texas. Read the opinion here: Houston Texas Appeals
El Paso Marketing v. Wolf Hollow, LLP
November 26, 2014, Case No. 13-0816

A gas supplier (El Paso) sued a power plant owner (Wolf Hollow) seeking declarations construing the contract between the parties. The power plant counterclaimed for breach of contract and sued the pipeline transporter (Enterprise) for negligence, seeking a total of over $7.7 million in consequential damages. Only the breach of contract and declaratory judgment claims between the gas supplier and the plant owner remain.

Read the opinion of the Court of Appeal in the Texas Supreme Court: Texas Civil Appeals – El Paso Marketing v. Wolf Hollow

Texas Writ of Mandamus: In Re Essex Insurance Company
November 26, 2014, Case No. 13-1006

In a tort suit between an injured plaintiff and his former employer, both of these parties have wrongfully added the employer’s liability insurer, Essex Insurance Company (“Essex”), as a defendant in the same suit—in direct contravention of the no-direct-action rule and established principles of justiciability. Their maneuver appears to be a well-timed ploy to create pressure on Essex to fund a non-covered claim. Essex is already providing a defense to its insured under a reservation of rights, but these other parties are requiring Essex’ participation in the suit as a direct party, and the District Court is improperly compelling Essex to do so.

Read the opinion of the Court of Appeal in the Texas Supreme Court: Texas Supreme Court Appeal – In Re Essex Insurance Company

Texas Criminal Appeals from Harris County: Garza v. State of Texas.
No. 1691-02

Petition for Discretionary Review in Texas. The question in this case deals with preservation of error. Appellant was convicted of possession with intent to distribute cocaine. Tex. Health & Safety Code Ann. arts. 481.102(3)(D), 481.112(a) (Vernon Supp. 2002). Police stopped appellant’s van after he made an illegal left turn, and while checking his driver’s license, they learned he had two outstanding arrest warrants.

Upon arresting appellant, the officers performed an inventory search on the van and discovered what appeared to be drug paraphernalia sitting in an open box in plain view. Shortly thereafter, one of the officers found what appeared to be a diaper wrapped tightly in a plastic bag. Inside the diaper was a white substance, which tested positively as cocaine, weighing 28.75 grams.

Talk to Our Houston Appellate Lawyer Today

Your appeal is too important to leave to chance. Let our Houston appellate lawyers help you protect your rights and rewrite your future.

Frequently Asked Questions about the Florida Court of Appeals System

1. Which appellate courts serve Houston, Texas?

Houston is served by two intermediate appellate courts:

  • First Court of Appeals
  • Fourteenth Court of Appeals

2. How do I file an appeal in a criminal case in Houston?

  • File a notice of appeal within 30 days
  • Submit appellate briefs outlining legal errors
  • Participate in oral argument (if granted)
  • Receive a written appellate decision

3. How do I appeal a civil case in Houston?

  • File a notice of appeal within 30 days of judgment
  • Prepare the trial court record
  • Submit appellate briefs
  • Await court decision

4. Can I represent myself in an appeal?

Yes, but appeals involve complex procedural rules and legal standards. Most cases benefit from experienced appellate representation.

5. What is the role of Texas high courts?

  • The Texas Court of Criminal Appeals handles criminal cases
  • The Supreme Court of Texas handles civil cases

6. How long does the appeals process take?

The timeline varies depending on case complexity and court workload, but most appeals take several months to over a year.

7. What are the possible outcomes of an appeal?

  • Affirm
  • Reverse
  • Remand
  • Modify

8. Where can I find official court information?

You can visit:

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Jerome Brown

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