MOTION FOR A NEW TRIAL means to ask for a new trial on the same charges. It is appropriate in some circumstances, for instance to correct juror bias or misconduct, or to present evidence that was not available or was improperly excluded at the initial trial. It can be a prerequisite for some kinds of appeals. It’s a complicated, multi-step filing and must be made promptly following the judgment in the first trial.
APPEAL means to ask a higher court to review the judgment. An appeals court cannot hear any new evidence. All the 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, an appellate court is made up of a panel of judges and must issue its opinions in writing. The appellate ruling can be appealed to a higher court-to the Texas Court of Criminal Appeals for State cases, or to the U.S. Supreme Court.
A WRIT OF HABEAS CORPUS (“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 defense counsel’s ineffectiveness, evidence of actual innocence, or evidence that the prosecution improperly hid. Habeas corpus is available in State and federal cases.
If a case ends in a conviction, the only way to challenge the result is through post-conviction court proceedings. There are three possible remedies:
- A motion for a new trial
- An appeal
- A post-conviction writ of habeas corpus
Not every lawyer can handle post-conviction remedies – in fact, most criminal lawyers don’t. These proceedings require specialized knowledge and experience, which not every attorney has.
At the Neal Davis Law Firm, we devote about 20% of our practice to post-conviction matters. Because of our excellent reputation, fellow criminal attorneys often refer their clients to us to handle their appeals. We’ve successfully handled many motions for new trials, appeals, and post-conviction writs of habeas corpus. We’ve appeared several times in the Texas Court of Criminal Appeals (the highest criminal court in Texas). And Neal Davis is one of a handful of Texas attorneys to have appeared as a lead counsel before the U.S. Supreme Court.
Hiring Counsel
What’s the cost?
The short and truthful answer to “How much will this cost?” is: it depends.
Tips for selecting a lawyer
Watch out for certain types of lawyers that promise big results on the cheap.