What’s The Law For New Trials, Appeals and Habeas Corpus Writs?
If a case ends in a conviction, the only way to challenge the result is through post-conviction court proceedings.
By law, these involve three possible remedies:
Motion for a new trial
Motion for a new trial means to ask for a new trial on the same charges. It is appropriate in some circumstances, such as correcting juror bias or misconduct or presenting evidence that was not available or was improperly excluded at the initial trial.
A motion for a new trial can be a prerequisite for some kinds of appeals. It’s a complex, multi-step filing, and it must be made promptly after the judgment is handed down in the initial trial.
Appeal
An appeal is not a new trial but rather means asking a higher court to review a lower court’s judgment. An appeals court cannot hear any new evidence. All the appeals judges can do is review the record of the first trial and hear arguments from the attorneys on both sides.
Unlike state or federal district courts, appellate courts are composed of a panel of judges who must issue their opinions in writing.
An appellate court ruling can itself be appealed to a higher court. For state cases in Texas, such an appeal would go to the Texas Court of Criminal Appeals. For federal cases, such an appeal would go to the United States Supreme Court.
Post-conviction writ of habeas corpus
Writ of habeas corpus (meaning “you shall have the body” in Latin) requires a custodian to present a defendant in court to determine if the conviction or sentence was lawful.
Habeas corpus writs typically center around the defense counsel’s ineffectiveness, evidence of actual innocence or evidence that the prosecution improperly hid. Habeas corpus is available in state and federal cases.
Not every lawyer can handle appeals
Not every lawyer can handle post-conviction remedies such as appeals. In fact, most criminal lawyers do not. Such proceedings require specialized knowledge and experience, which few attorneys have.
At the Neal Davis Law Firm, we devote about 20% of our practice to post-conviction matters. In fact, because of our excellent reputation, fellow criminal attorneys often refer their clients to us to handle their appeals after a conviction.
We have successfully handled many such motions for new trials, appeals and post-conviction writs of habeas corpus.
We have also appeared several times in the Texas Court of Criminal Appeals (the highest criminal court in Texas).
Neal Davis is one of only a few Texas attorneys to have appeared as lead counsel before the U.S. Supreme Court.
How can an exoneration work?
The Texas case of Lydell Grant of Houston showed that post-conviction writs and appeals can gain justice for persons who may have been falsely accused and convicted of a crime.
In 2012, Grant was convicted of murder in the 2010 stabbing death of Aaron Scheerhoorn, 28, outside a bar in Houston’s Montrose area. Grant was sentenced to life in prison and was held for seven years.
But then Grant, then 42, was freed from prison. How? District Judge George Powell ordered Grant released from prison on bond while authorities re-investigated the case. Defense lawyers and prosecutors all agreed to recommend to the court that Grant be freed on bond and subjected to ankle monitoring while his case was re-examined.
And DNA was a key. According to the Houston Chronicle, Grant had long maintained his innocence and had worked with attorneys from the Innocence Project of Texas to fight for his freedom.
As is often the case in overturned convictions, DNA analysis was a key factor. In Grant’s case, a DNA analysis ruled him out as a suspect while, at the same time, it matched the profile of a man with a violent criminal history who had lived in Houston when the murder occurred.
Grant’s lawyers also argued that jurors in his trial had heard incorrect testimony that DNA analysis could not rule him out as a suspect–when, in fact, it could.
A new analysis of DNA taken from Scheerhoorn’s fingernails yielded data which was run through national DNA crime databases. That data ruled out Grant as a suspect.
The new DNA analysis was “significant” and “a darn good reason to re-investigate a case,” said Harris County’s District Attorney at the time, Kim Ogg.
An attorney for the Innocence Project of Texas also had argued that investigators used faulty police methods, including showing photo arrays to witnesses. Texas law now requires that such arrays be presented in a “blind manner,” or in a way “designed to prevent opportunities to influence (a) witness.”
Exoneration is difficult, but it’s possible
Exoneration, or proving someone’s innocence after they are held guilty, can be difficult to achieve, especially when the person has been convicted of a serious crime. But post-conviction writs and appeals can succeed, as in the case of Grant.
The Neal Davis Law Firm believes that challenging poor witnesses and faulty evidence often is a key when seeking exoneration.
Our law firm has compiled a lengthy report on exonerations in Texas and throughout America. It found that exonerations are rising nationally for falsely accused Americans, with Texas amassing the most exonerations of any state since 1989.
Hire the best Houston criminal defense attorney
Just because exonerations are increasing in Texas doesn’t mean that a knowledgeable and experienced criminal defense attorney isn’t needed for a successful appeal. On the contrary, engaging skilled legal help is a must.
If someone in your family is in prison for a crime they did not commit, contact the Neal Davis Law Firm today. We can provide you with a legal review of the case and give you advice on how to proceed.
Then, if you need our veteran defense lawyers to represent your loved one, we can fight for his or her legal rights.
