Legal Question in Criminal Law in Texas
My cousin got convicted in Texas in 2009 and right after he appealed. The appeal was denied.
Is that it? Is there anything else he can do or that's it?
1 Answer from Attorneys
Trial court decisions can be appealed to the Court of Appeals for the district in which the trial court sits. After that, the Court of Appeals decision can be appealed (in criminal cases) to the Court of Criminal Appeals in Austin. This is the equivalent of the Texas Supreme Court but for criminal cases. There are filing deadlines, which by this time, may have already passed. In other words, after the decision came from the Court of Appeals (denied), he probably had 30 days to appeal that decision to the higher court.
As a last resort, if all deadlines have passed he can seek help from the Texas Governor through the Texas Board of Pardons and Paroles. http://www.tdcj.state.tx.us/bpp/
There are also non-profit organizations that help individuals seek a new trial based on new DNA testing or actual innocence. Do a web search for more information.
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