Petitions for Discretionary Review
In federal court, a direct appeal is taken to the United States Court of Appeals for the circuit that has jurisdiction over the federal district in which you were convicted.
As a general rule, the Supreme Court of Texas reviews judgments entered by the state’s courts of appeals. If a party to an appeal does not like the judgment of a court of appeals, or believes the court of appeals made a mistake, the party may ask the Supreme Court to review the court of appeals’ ruling. The party who seeks review in the Supreme Court does so by filing a document called a “petition for review,” and is called the “petitioner.” The other party to the case is called the “respondent.”
Why File a Petition for Review?
Texas has fourteen courts of appeals that decide thousands of civil appeals each year. The Supreme Court cannot reconsider every decision issued by those courts. Instead, it evaluates all petitions that are filed and then grants review of those cases raising issues the court considers to be important to Texas law. Sometimes an issue is important because judges on the courts of appeal disagree with how the law should be applied. Other times an issue is important because one court of appeals applies the law differently from another. Sometimes a case requires the court to interpret a statute, a rule, or a provision of the Texas Constitution. Whatever the case may be, your petition should state what issues you think the Supreme Court needs to decide and why those issues are important.
When facing legal matters of any kind, your career and your reputation could be on the line. As such, having the assistance of a lawyer who is well-versed in criminal law and appeals can be invaluable.
Basic Grounds for Review
Is there a viable argument that error was not preserved?
If error was not objected to, is the type of error subject to procedural default or waiver or is it systemic?
Should preservation be required?
Is there a viable estoppel argument?
Is there a viable laches argument?
Contact a Criminal Defense Attorney Today
If you feel that you have been wrongfully convicted of a crime, contact the zealous criminal defense attorneys of Sampson & Bové, LLC at (713) 337-1420. You cannot afford to take chances with your legal representation or future, and our legal team can help make sure you receive the protection you need.