Appellate Counsel - Principal Office In Dallas

Providing Representation In Civil & Criminal Appeals

Phone

972 802 1788

FAQ’s

  • Direct Appeals to an Intermediate-Appellate Court

    There are attorneys who will charge you less for an appeal.  There are many attorneys who have a general practice and do a few appeals a year. These attorneys are likely to charge you less, but they also often lack the specialized skills and probably never worked for an intermediate-appellate court.  Ask to see recent briefs from an attorney before hiring them.

    I have worked with enough clients to know that my rates are fair, but I can not tell you what it will cost to do your appeal until we have discussed your particular case.

    Writs, Petitions for Discretionary Review, and Merits Briefs to the Supreme Court or the Court of Criminal Appeals

    The cost to do these is less predictable than a direct appeal to an intermediate-appellate court.  Often times I will suggest to my clients that their case is a good candidate for a Writ or a Petition for Discretionary Review (PDR).  If I did the direct appeal, then I can often do a writ or a PDR relatively easily.

    What Happens if I Hire Another Attorney and that Attorney Files a Bad Brief?

    This happens regularly.  Many of the briefs filed in intermediate-appellate courts are sub-standard.  The most common result is that you or your loved one loses their appeal.  Even a good brief can lose on appeal, but good briefs give clients a chance to prevail.  Bad briefs close the door to relief.  Do not let this happen in your case.
    Sometimes a brief is so bad that the Court of Appeals will address it.  A well known justice on the U.S. Court of Appeals for the Seventh Circuit was presented with a bad brief and wrote this in his opinion:

    “The defendants’ appeal brief is a gaunt, pathetic document… Minus formal matter, it is only eight and a half pages long. Brevity is the soul of wit, and all that, but still: the first seven and a half pages are simply a recitation of the history of the Georgia lawsuit, the settlement negotiations, and the present suit, along with questionable and irrelevant facts; and the tiny argument section of the brief—118 words, including citations—states merely, without detail or elaboration, that the defendants do not possess the settlement funds and therefore can’t restore them…. These documents—the only evidence cited in the defendants’ brief—show that Lewis and Lashgari willfully ignored the plan’s lien against the settlement proceeds. The defendants may think that a mere assertion of inability to pay made in an affidavit (and thus under oath) precludes a finding of contempt. Not so.”

    To read this opinion click on this link: Posner

  • Notice of Appeal–The short answer is that you have thirty days from the entry of judgment or the pronouncement of a sentence in open court.

    Civil Cases

    Governed by Texas Rule of Appellate Procedure 26.  A notice of appeal must be filed within 30 days after the judgment has been signed.  But if any party files a motion for new trial, a motion to modify the judgment, or a motion to reinstate under Texas Rule of Civil Procedure 165a then the notice of appeal is due 90 days from the entry of judgment.

    Accelerated appeals: 20 days from the entry of judgment.

    Restricted appeal: 6 months from the entry of judgment.

    Criminal Cases

    Cases Governed by Texas Rule of Appellate Procedure 26.2.

    By Defendant:

    Thirty days from the announcement of the sentence in open court.  If the defendant files a motion for new trial, then 90 days.

    By the State:

    Twenty days after the trial court enters the order, ruling, or sentence to be appealed.

    Untimely filings:

    Early filings are deemed timely filed.

    Late filings: when filed with a motion for leave a notice of appeal can be filed up to fifteen days after the initial deadline.