Criminal Appeals in Texas, Louisiana & Alabama

A criminal appeal is a request for a higher court to review a conviction, sentence, or other criminal court ruling to determine whether legal errors occurred during the proceedings.

No. A criminal appeal is not a new trial. Appellate courts generally review the existing trial record to determine whether legal errors affected the outcome of the case.

Yes. A defendant may appeal a conviction when legal errors, constitutional violations, evidentiary issues, or other appealable issues exist.

Yes. Criminal defendants may appeal sentencing decisions when the sentence was imposed unlawfully, improperly calculated, or otherwise affected by legal error.

Generally, no. Appellate courts typically review the record created in the trial court. New evidence is often addressed through separate post-conviction proceedings rather than a direct appeal.

An ineffective assistance of counsel claim alleges that defense counsel's performance fell below constitutional standards and that the deficiency affected the outcome of the case.

Prosecutorial misconduct may involve improper arguments, withholding exculpatory evidence, presenting improper evidence, or other conduct that deprives a defendant of a fair trial.

Missing the appellate deadline may permanently waive your right to direct appellate review. Criminal appellate deadlines are strictly enforced.

The timeline varies depending on the court, complexity of the issues, transcript preparation, briefing schedules, and whether oral argument is granted.

Depending on the circumstances, the appellate court may reverse the conviction, order a new trial, modify the sentence, remand the case for further proceedings, or grant other appropriate relief.

In most Texas criminal cases, a Notice of Appeal must generally be filed within 30 days after sentencing, although certain post-trial motions may extend the deadline.

Yes. Defendants convicted of felony offenses may seek appellate review of legal errors, constitutional violations, sentencing issues, and other appealable matters.

After a decision by a Texas Court of Appeals, a party may seek further review from the Texas Court of Criminal Appeals through a Petition for Discretionary Review.

Louisiana criminal appeals are governed by specific statutory deadlines that vary depending on the nature of the conviction and procedural posture of the case.

Yes. Louisiana provides post-conviction procedures that may allow review of constitutional violations, ineffective assistance claims, and other issues not resolved on direct appeal.

Following review by the Louisiana Courts of Appeal, certain criminal cases may be reviewed by the Louisiana Supreme Court through discretionary review procedures.

In most Alabama criminal cases, the Notice of Appeal generally must be filed within 42 days after entry of the judgment or sentencing order.

Yes. Alabama Rule 32 proceedings provide a post-conviction process for certain constitutional claims, ineffective assistance of counsel claims, newly discovered evidence claims, and other challenges.

Most criminal appeals are initially heard by the Alabama Court of Criminal Appeals, with further review potentially available through the Alabama Supreme Court.