Criminal Appeals and Writs of Habeas Corpus in Texas
“I was wrongfully convicted and was sentenced to spend 25 years to life in prison. Mr. Perri came in and applied his knowledge and expertise. I can now breathe and enjoy my new life. Words are not enough to express how thankful I am. ”
Few situations in life are more devastating than a wrongful or legally flawed conviction. Such a tragedy doesn’t just harm the person convicted — it wrecks the entire family. While all hope can feel lost, post-conviction relief options, such as criminal appeals or writs of habeas corpus, may still be on the table.
Based in Austin, Texas with a statewide criminal defense appellate practice, Chris Perri has over two decades of experience challenging unfair case outcomes. At both the state and federal levels, his practice handles post-conviction relief matters including:
Criminal Appeals, including Petitions for Discretionary Review
Writs of Habeas Corpus
Motions for New Trial
Motions for Shock Probation
A wrongful or unfair criminal conviction doesn’t mean the fight is over. There may still be legal avenues to explore. While results are never guaranteed, Chris Perri has helped clients reverse unjust convictions, and he may be able to help you or your loved one, too.
Call (512) 269-0260 to schedule your free case consultation with Chris Perri today.
Criminal Appeals vs. Writs of Habeas Corpus in Texas
Criminal convictions are most commonly challenged through one of two legal procedures: criminal appeals or writs of habeas corpus.
Appeals have strict deadlines and are used to raise claims that judicial legal errors were made at trial.
Writs of habeas corpus allow defendants to introduce new evidence not previously considered—including claims of ineffective assistance of counsel.
Each procedure is discussed in further detail below.
Criminal Appeals
Sometimes, the judge and jury get it wrong. Following an unfavorable trial verdict or ruling, our legal system allows defendants to appeal to a higher court for relief, but one must act quickly.
In Texas state cases, a defendant must notify the courts of their intent to appeal within 30 days of sentencing. If the case is federal, then the deadline is 14 days. Because appellate deadlines are strict, it is important to speak with an attorney as soon as possible after a conviction or unfavorable ruling.
Under most circumstances, criminal appeals are only useful in cases involving a trial or suppression hearing. This is because appeals are limited to raising issues stemming from the trial or hearing itself. Appeals are not the appropriate outlet to introduce new evidence–you can do that on a writ of habeas corpus. Instead, appeals should focus on raising legal errors already reflected in the existing court record.
Examples of legal issues to raise on appeal include:
The trial court admitted prosecutorial evidence that should have been excluded
The judge improperly prevented defense evidence from being presented
A constitutional issue was incorrectly decided during a pre-trial hearing
Errors were made in how a sentence was calculated or imposed
The judge misunderstood or misapplied the law
When hired on a criminal appeal, Chris Perri carefully reviews the trial record for any legal errors that may have jeopardized the outcome. He then develops the strongest available arguments and presents them to the appropriate appellate courts through a written appellate brief and possibly oral arguments.
If the courts are persuaded, then the defendant may receive a new trial, hearing, or resentencing. If the appeal is denied, Chris Perri will explain potential next steps, which could include appealing to a higher court or moving on to a writ of habeas corpus.
Writs of Habeas Corpus
“I was mislead by an unscrupulous attorney into taking a plea deal on a felony. By the time I discovered that this had severe consequences for my life and career, I feared it was too late to be fixed. Luckily, I was referred to Chris Perri. He filed a successful writ of habeas corpus showing that my trial attorney provided ineffective assistance, and the prosecution ultimately agreed to drop the charges”
Like criminal appeals, writs of habeas corpus are a post-conviction relief procedure aimed at overturning wrongful convictions. Unlike appeals, however, writs do not focus on errors already in the record. Instead, writs provide an opportunity to introduce new evidence not previously considered by the courts. In addition to trial verdicts, they can also reverse plea deals.
Issues raised through a writ of habeas corpus may include:
Actual innocence
False or debunked evidence
Ineffective assistance of counsel
Prosecutorial misconduct
Jury misconduct
Newly discovered evidence
Constitutional violations
For example, a writ of habeas corpus allows a defendant to present new evidence that could prove their innocence or cast significant doubt on their guilt, such as new DNA findings or a witness recantation. Or, if the prosecution withheld key evidence from the defense, then a Brady claim can be raised through writ proceedings.
One of the most common allegations presented on a writ of habeas corpus is that a defendant’s trial attorney rendered “ineffective assistance of counsel,” such as neglecting to object to certain evidence or failing to adequately investigate the case. In a writ proceeding, Chris Perri can argue that the previous trial attorney’s mistakes meet the threshold of incompetence and therefore were ultimately responsible for the poor outcome.
When hired to assist with a federal or state writ of habeas corpus, Chris Perri begins with an extensive review of the case to determine and investigate potential claims. If Chris sees a viable path forward, he will work with the client, their loved ones, and sometimes other professionals to build a robust, evidence-backed argument for the courts. Our writ process is extensive and collaborative, which you can read about more here.
For information on the cost of a writ of habeas corpus at our firm, click here.
Request a Free Case Consultation with Chris Perri
Our Unique Post-Conviction Process
Drawing on his years of experience working with convicted clients and their loved ones, Chris Perri has developed a unique two-step approach designed to provide fair, clear, and high-quality service to those seeking post-conviction relief in Texas. Below, we explain how our process works.
Free Case Consultation
If you are considering an appeal or writ of habeas corpus for yourself or a loved one, the first step is a case consultation with Chris Perri.
This meeting will provide both you and Chris Perri the opportunity to assess if working together is the right fit. During the consultation, Chris will listen to your concerns, explain available options, and provide clear information about cost, timelines, and process.
At Chris Perri Law, we pride ourselves on honest and straightforward communication, and we understand resources are limited. If Chris does not see a path forward at this time, he will be direct and tell you.
Phase 1: Case Investigation
Once retained, we break up most post-conviction cases into two phases and two separate payments. We believe it’s fairest to handle post-conviction cases step by step when possible.
The first phase is the case investigation, which Chris Perri typically completes in four to five months. During the investigation phase, Chris will rigorously analyze the case in search of potential issues that could provide grounds for relief.
While Chris tailors the investigative process to meet the unique demands of each case, his process often includes:
Reviewing trial transcripts and other records
Evaluating trial counsel’s performance
Interviewing witnesses
Working with private investigators or other experts
Examining new evidence
Researching potential legal claims
Once Chris completes his thorough review, he will share his honest assessment of the case and make recommendations on next steps. The client can then decide if they’d like to retain Chris for the next phase.
Phase 2: Preparation of the Appeal or Writ of Habeas Corpus
The second phase of our process is the preparation of the writ or appeal. If you decide to move forward, Chris Perri will be with you every step of the way. He will prepare the arguments, file them with the federal or Texas courts, and litigate the case before judges on your behalf.
Further, we view this process as collaborative. Before we ever file any documents, Chris works with the client and their advocates to ensure they feel satisfied with the final product. Ultimately, an attorney’s job is to represent and communicate the voice of their client. Our firm takes this responsibility very seriously.
Post-conviction relief is difficult to obtain, even when compelling arguments exist. That said, we’ve had success overturning convictions before, and we will do everything we can to help you or your loved one, too.
Decades of Appellate and Post-Conviction Experience in Texas
Licensed to represent clients at both the federal and state level, Chris Perri has practiced appellate criminal law in Texas for more than 20 years.
Chris began his criminal-law career in the appellate division of the Travis County District Attorney's Office, where he learned appellate practice from the prosecution side and gained firsthand experience with how appellate arguments are evaluated. Today, he uses that background when representing people seeking to challenge criminal convictions. He has also argued before the U.S. Court of Appeals for the Fifth Circuit and helped clients obtain relief through both appeals and writs of habeas corpus.
At Chris Perri Law, we understand that hiring an attorney for an appeal or writ is a significant investment—financially, logistically, and emotionally. While no attorney can guarantee a particular outcome, we can promise to treat each case with the meticulous care it deserves.
A criminal conviction doesn't mean the fight is over. To learn more about your options, call Chris Perri Law at (512) 269-0260 today.
