Contact Kuniansky & Associates |
An appeal is a review of the trial court proceedings by a seperate appellate court in order to determine whether the proceedings were carried out according to law. The review by the court is based entirely upon written records of the trial court proceedings, including the reporter's transcripts.
The appellate court does not hold a new trial or accept new evidence. The attorneys present most of their arguments in writing and the defendant, who is known as the "appellant", does not appear before the court. The attorneys may appear briefly and orally argue the case.
Every defendant convicted after a trial or guilty plea is entitled to a direct appeal.
An appeal is started by the filing of a notice of appeal with the clerk of the court in which the case was tried within ten days after the district court enters the judgment of conviction, or within ten days after the government files a notice of appeal.
The ten-day time limit is mandatory and jurisdictional. However, within the thirty days after the ten-day period has expired, a defendant may move for leave to file a late notice of appeal based on excusable neglect. The denial of a motion for leave to file a late appeal is itself a final appealable order.
Kuniansky & Associates
The Lyric Centre
440 Louisiana , Suite 200
Houston, Texas 77002
Office: 713-622-8333
Fax: 713-224-2815
ADDITIONAL LEGAL INFORMATION PORTALS FOR KUNIANSKY & ASSOCIATES:
Drug Trafficking Legal Defense
Immigration Fraud Legal Defense
Mail & Wire Fraud Legal Defense
Money Laundering Legal Defense