Legal Question in Criminal Law in Texas

No. of appeals for defendant convicted of Aggraveted Assault?

My husband has been convicted of a class 2 felony- Aggravated Assault and given a two year sentence. His court appointed attorney filed an appeal with the appeals court in Corpus Christi Texas. The appeal was denied. A second appeal was filed and it was denied. Is there any other appeals that my husband would be entitled to? My husband feels that his court appointed attorney did absolutely nothing to defend him. What is his recourse? I'm his spouse and I am in the process of filing a grievance with the State Bar in regards to the treatment my husband received from his court appointed attorney. The truth is no better that a lie if you can't prove it! Which is exactly what happened to my husband, the court appointed attorney presented no means of defense for my husband.


Asked on 4/15/98, 2:58 pm

2 Answers from Attorneys

Gerald McDougall Law Office of Gerald McDougall

Number of appeals of a conviction

Actually, there are still some avenues of appeal left.

He can always try a Writ of Habeas Corpus in the US District Court on various constitutional grounds, including ineffective assistance of counsel, or he can do the same thing to the Texas Court of Criminal Appeals in Austin. Likelihood of success is slim in the best of cases, but the ability is still there,

On the information given, there is a probability that ineffective assistance will not succeed, it is very hard to establieh. But there may be other issues available. Have your husband contact Inmate Legal Services, which does all of these types of appeals.

NO ATTORNEY CLIENT RELATIONSHIP IS CONTEMPLATED OR CREATED BY THIS EXCHANGE.

ALL COMMENTS ARE BASED ON THE INFORMATION GIVEN IN THE ORIGINAL MESSAGE AND IS BASED ON GENERALLY ACCEPTED LEGAL POLICIES.

Read more
Answered on 5/04/98, 10:27 am
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

Criminal appeal of conviction

Gerald is, of course, correct. I used to be with the Staff Counsel for Inmates in Huntsville, many years ago. Your husband may or may not have the ability to file a petition to the United States Supreme Court, if certain issues were raised in the Court of Criminal Appeals. Otherwise, the route is generally an 11.07 writ and if that fails, federal writs.The Staff Counsel for Inmates has several lawyers who concentrate on issues such as ineffective assistance of counsel resulting in the conviction of people sentenced to prison. You should know that if your husband does file a grevience, it may make him feel better, but it would also waive the attorney client protection against the lawyer's disclosing confidences. If your husband told the lawyer anything which would be adverse to his case, it might just be better to keep that under the relationship rather than waiving the relationship. It is, of course, his call.

Read more
Answered on 5/13/98, 2:19 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas