Appeals

Edinburg_Texas_Court_HouseIf you have been found guilty of a crime in Texas, you have the right to appeal. Sometimes convictions occur because judges erroneously admit or exclude evidence at trial in violation of evidentiary rules. Or possibly the jury received improper instructions from the Court.

Whatever the circumstances, the fact is that innocent people are convicted of crimes in Texas every year. A Stanford Law review article written in 1987 found that since 1967, 48 people who had been released from death row who were entirely innocent of the crime they were convicted of committing. A following up article in 1993 found another 21 cases of wrongfully convicted individuals on death row. And keep in mind, this represents only death row inmates. This does not include those innocently convicted inmates serving time who are not on death row.

Since 2001 in Texas alone, 41 inmates have been exonerated and released from jail based on DNA evidence. Dallas County, Texas leads the nation in the number of individuals who have been released from jail based on DNA testing according to the Innocence Project. Dallas County District Attorney Watkins says these wrongful convictions can be blamed on a "convict-at-all-costs-mentality." District Attorney Watkin's efforts to ensure that only the truly guilty are incarcerated is admirable. But more has to be done throughout the State.

In the federal system, this "convict-at-all-costs-mentality" was put on public display during the Senator Ted Stevens trial for allegedly not reporting gifts he received from donors. Following his conviction it was discovered prosecutors had intentionally suppressed and withheld evidence that showed Senator Stevens was innocent. But by the time the prosecutor's wrong doings was discovered, it was too late. Senator Stevens was convicted and lost his reelection bid. Fortunately, Attorney General Eric Holder asked the presiding judge to dismiss the conviction. And those prosecutors who withheld evidence are now being investigated for criminal wrong doing.

If you or someone you love have been wrongfully convicted, the time to act is now. This is especially true if you are not a United States citizen. Immigration laws in the U.S. require automatic deportation for numerous types of offenses. This includes pleas which result in deferred adjudication probation. There are legal remedies available to set aside guilty convictions. There are even remedies available to set aside guilty pleas. In Texas, the process of attacking a conviction is done in one of two ways: through a direct appeal or through a writ of habeas corpus. A direct appeal challenges the legality of a conviction based on error in the trial such as letting in illegally obtained evidence, allowing prosecutors to make impermissible arguments to the jury, or challenging the admission of testimony as being unreliable. A writ of habeas corpus is an appeal of last resort. In a writ of habeas corpus, the wrongfully convicted person goes back to the trial judge and tries to prove the conviction was obtained by violating a constitutional right. A common challenge on a writ of habeas corpus is alleging ineffective assistance of counsel. This means you were denied your right to be effectively represented by counsel in violation of the Sixth Amendment.

Whichever method is used, direct appeal or a writ of habeas corpus, it is important that you start the process today of attacking your conviction. Overturning a conviction is always an uphill battle, but it can be done.