Board Certified in Criminal Law Texas Board of Legal Specialization
Although not required to do so by the U.S. Constitution, Texas provides everyone convicted of a crime with the right to a "direct appeal" as a matter of right.
As with many other things in the criminal law, if someone convicted of a crime wants to appeal but cannot afford an attorney, an attorney is appointed to represent them.
|
|
Criminal Appeals
Unlike habeas corpus proceedings, a direct appeal is
limited to errors that appear in the record of trial. As an example,
suppose a defendant stands accused of a crime which is known to have
occurred on a specific date. The defendant tells his lawyer that he was in
Chicago for a month before and after that date. To back up his alibi, he
provides the lawyer with the names of 10 witnesses who can verify his
presence in Chicago during that period. If the lawyer fails to interview
the witnesses and/or doesn't call them to testify at trial and the
defendant is convicted, the record of trial will demonstrate that the 10
witnesses did not testify. Why they didn't testify probably will not
appear in the record. If it does, the lawyer's deficient performance could
be a ground raised on direct appeal. If it does not appear in the record,
then it can only be raised in a habeas corpus proceeding subsequent to the
direct appeal, if the appeal is not successful on other grounds.
|
|
Not Board Certified in any Areas of Specialization But Very Talented Nevertheless
Both Mr. Schulman and Mr. Jasuta are both highly
qualified appellate attorneys. The team of David Schulman and John Jasuta
is well qualified to represent you or your loved one on appeal. |