1. PERFECTING YOUR APPEAL
- How do I perfect my client's right to appeal?
- What do I have to put in my notice of appeal?
- I made some mistakes in my notice of appeal. What should I do?
- Notice of appeal has already been filed by trial counsel. Do I need to file another notice?
- What if time for filing notice of appeal has expired?
- Where do I file my notice of appeal?
- How do I determine which court of appeals will hear my case?
- If I have a question, can I call one of the judges or staff attorneys on the court?
- I was appointed to represent an indigent defendant in a criminal trial. Now that the trial is over, do I have any continuing responsibility to the defendant?
- I have been appointed to represent an indigent defendant in a criminal appeal. What is the scope of my appellate representation?
2. COMPUTING THE DEADLINES FOR FILING DOCUMENTS
3. DOCKETING STATEMENT
- I have filed a notice of appeal. Do I need to give the appellate court any additional information regarding my appeal?
- What is a docketing statement, and where can I get one?
4. MOTION FOR NEW TRIAL
- How long do I have to file a motion for new trial?
- Should I file a motion for new trial?
- What evidence is admissible at a motion for new trial hearing?
- I still have time to file a motion for new trial, but notice of appeal has already been filed. Am I precluded from filing a motion for new trial?
- If time has expired to file a motion for new trial, should I file a motion for abatement?
5. MOTION IN ARREST OF JUDGMENT
6. BAIL PENDING APPEAL
- Is my client entitled to bail pending appeal?
- Does the trial court have authority to impose conditions on my client's appeal bond?
- Can I challenge the amount of bail set by the trial court?
- The court of appeals has reversed the conviction. Is my client entitled to any relief while the State seeks discretionary review?
7. THE APPELLATE RECORD
- How do I obtain a record?
- My client is indigent. Is he entitled to a record?
- When is the record due in the court of appeals?
- Do I have to designate the items I want included in the clerk's record?
- After the clerk's record was filed with the appellate court, I discovered several important documents were not included. What should I do?
- Do I have to designate what I want included in the reporter's record?
- Do I have to give my request for a reporter's record to anyone other than the court reporter?
- I am only raising two narrow points of error, and I do not need a full record. Can I request a partial record dealing only with the issues being raised?
- I requested a complete record, but while preparing my brief, I discovered that a portion of the proceedings has not been transcribed by the court reporter. What should I do?
- The court reporter has informed that she cannot find all of her notes and cannot prepare a complete record. What should I do?
- The court reporter has made a serious error in the transcription of her notes. Can the record be corrected?
- Can I inspect the original exhibits?
- One of the exhibits admitted at trial is crucial to the success of my appeal. Unfortunately, the copy included in the record does not adequately support my argument. Is there a way to get the original exhibits before the court of appeals?
8. WITHDRAWING AS COUNSEL
9. FILING DOCUMENTS WITH THE FOURTEENTH COURT OF APPEALS
- How do I file documents with the Fourteenth Court of Appeals?
- Can I file electronically?
- How many copies must I file?
- Am I required to serve the opposing party?
- I do not know which assistant district attorney has been assigned to my appeal. Whom should I name for service?
10. MOTIONS BEFORE THE APPELLATE COURTS
- I'm up against a deadline. Can I request an extension of time?
- How do I present a motion to the court of appeals?
- What if the motion needs evidence to support it?
- Can I file a response to motions filed by my opponent?
- How are motions heard and determined by the Fourteenth Court of Appeals?
11. THE APPELLATE BRIEF
- What is my responsibility as an officer of the court?
- I've examined the record, I don't believe there's any reversible error here. Should I file and "Anders" brief?
- My client was put on deferred adjudication. Can he still appeal?
- My client was put on deferred adjudication and subsequently adjudicated. Can he still appeal?
- Is there a required format for an appellate brief?
- What are the structural components of an appellate brief?
- How should I refer to the parties?
- How long should my brief be?
- When is my brief due?
- I missed the deadline for filing a brief. Now I've received notice from the clerk that my brief has not been timely filed. Is there anything I can do?
- I found a great opinion, but it has not been designated for publication. Can I rely on it as some kind of authority in my brief?
- I just found some additional authority to support a point of error. Can I file an amended or supplemental brief?
- After filing my brief, I suddenly came up with another point of error. Can I raise it in a supplemental brief?
- My opponent has filed an opposing brief. Can I file a written response?
- How long will it take before the court issues an opinion?
- How will I know when the court issues an opinion?
12. MOTIONS FOR REHEARING
- Do I need to file a motion for rehearing to preserve issues for discretionary review?
- How much time do I have to file a motion for rehearing?
- Can I file a motion for extension of time?
- Is there a page limit on a motion for rehearing?
- When should I request rehearing en banc?
- Can I file an amended motion for rehearing?
- How will I know if my motion for rehearing has been granted? Will the court want new briefs? Will I be permitted to argue the motion?
- The court of appeals ruled in my favor, and my opponent has filed a motion for rehearing. Do I need to file a response?
- The court granted my opponent's motion for rehearing and changed the result. Can I file another motion for rehearing?
13. PETITIONS FOR DISCRETIONARY REVIEW
- What does the Court of Criminal Appeals consider when deciding whether to grant discretionary review?
- How much time do I have to file a petition for discretionary review?
- I did not get notice of the court's judgment, and the time for filing a petition for discretionary review has expired. What should I do?
- Do I file the petition directly with the Clerk of the Court of Criminal Appeals?
- Can I get an extension of time? If so, who do I file it with?
- My opponent has filed a petition for discretionary review. Can I file a reply?
- The court of appeals has ruled in my favor, but for the wrong reasons. Now, my opponent has filed a petition for discretionary review at the last moment. What should I do?
- Is there a structural format for a petition for discretionary review?
- Is there a page limit for a petition for discretionary review?
- Who do I serve when filing a petition for discretionary review?
- I received notice that my petition for discretionary review has been granted. What do I do now?
- My opponent's petition was granted, and the court of appeals decision was overturned. Can I file a motion for rehearing?
14. ORAL ARGUMENT
- Am I required to present oral argument?
- How important is oral argument to the success of my appeal?
- How do I request oral argument?
- If I request oral argument, must the court always permit me to argue? If not, how will I know whether the court has granted me permission to argue?
- I've received notice of the date of submission, but I'm scheduled to be in trial that day. Can the argument be rescheduled?
- What should I include in my oral argument?
- If my opponent goes outside the record, can I object?
- How much time will I have for argument?
- At which counsel table should I sit?
- Who goes first?
- Can two lawyers argue?
- Questions were asked in argument that I failed to answer satisfactorily. Can I file a post-submission brief.
15. MISCELLANEOUS ISSUES
- My client has changed his mind and does not want to pursue an appeal. What should I do?
- What do I do if my client dies during the pendency of an appeal?
- What is a mandate?
- I want to pursue the appeal to a higher court. How do I prevent the mandate from issuing?
- My case was transferred out of Houston. How will this affect my appeal?
Updated: 14-Sep-2006 2:42 PM
