Appeals in Austin, TX
Law office in Austin, TX
Throughout his 20 year career, Keith S. Hampton Attorney at Law has successfully defended a number of criminal cases in Texas. Many cases were also appealed and deliberated in the Texas Criminal Appeals Court, which is known as the highest court in the state that ultimately decides a case outcome.
Appealing Convictions
What can you do if you’re dissatisfied with the outcome of your case? You can file an appeal. When you receive an unfavorable decision from a lower court, Keith S. Hampton Attorney at Law reviews the case to see if an appeal is possible.
The only permissible arguments during the appeal are those based on the trial court record. Evidence that is discovered after the trial, or that was known but not used as evidence during the trial, cannot be used for the appeal.
Reported Appellate Cases
Here is a representative list of some reported cases that were litigated in Texas Criminal Appeals court by Keith S. Hampton Attorney at Law:
- Miles v. State, 241 S.W.3d 28 (Tex.Crim.App. 2007)—involved the extent of the exclusionary rule to private action.
- Tuck v. State, 215 S.W.3d 411 (Tex.Crim.App. 2007)—reaffirmed the right of indigent persons to a free record for appeal.
- Dyar v. State, 124 S.W.3d 460 (Tex.Crim.App. 2003)—DWI case concerning whether a hospital could be considered a suspicious place justifying police action.
- State v. Patrick, 86 S.W.3d 592 (Tex.Crim.App. 2002)—death penalty case in which the State sought to stop DNA testing.
- Wiley v. State, 74 S.W.3d 399 (Tex.Crim.App. 2002)—focused on the right to present a defense that another person was responsible for the crime.
- Ex part Geiken, 28 S.W.3d 553 (Tex.Crim.App. 2002)—major decision regarding due process rights of prisoners.
- Tucker v. State, 990 S.W.2d 261 (Tex.Crim.App. 1999)—decision regarding the preservation of appellate complaints.
Petitioning for Writs of Habeas Corpus
BA post-conviction petition for a writ of habeas corpus is more complex than an appeal. The petition is brought in federal court after the appeal in the Texas Criminal Appeals Court has been denied and the defendant is in jail. If it's granted, the writ allows an attack on the conviction using information that was not part of the original trial record including newly discovered evidence. The writ is not automatically granted but is often used in cases involving:
- Double jeopardy
- Ineffective counsel
- Innocence
- Prosecutorial misconduct
In the state of Texas, every trial that results in a death sentence is first reviewed by the Texas Court of Criminal Appeals. When the death sentence is upheld on the state level, and all other possible state appeals have been exhausted, it may be appropriate to petition the federal court for a writ of habeas corpus.
