What Is the Difference Between an Appeal and Writ of Habeas Corpus in Texas?

People often reach out to Chris Perri Law after their loved one was convicted of a crime in Texas. Whether the defendant signed a plea deal or lost at trial, there is a sense that something went wrong. Perhaps the defendant is actually innocent or the punishment was too harsh. Maybe the defendant received bad advice from their prior attorney–known as ineffective assistance of counsel–or the judge made unfair and legally inaccurate rulings.  

Regardless, if you or someone you love was wrongfully convicted, there are two legal avenues to try to reverse the judgment: a criminal appeal or a writ of habeas corpus.

But what is the difference? How do you know which one to pursue? An experienced post-conviction lawyer in Texas, such as Chris Perri, can help you decide. That said, it’s also good to educate yourself. In this article, we’ll explain what you need to know about the similarities and differences between writs and appeals in Texas. 

The Similarities Between Criminal Appeals and Writs of Habeas Corpus 

Before we discuss the differences between a criminal appeal and a writ of habeas corpus in Texas, let’s first establish their similarities. 

Criminal appeals and writs of habeas corpus share the same goal: to reverse a wrongful criminal conviction. 

Both are also very difficult to win, as the defendant is no longer deemed “innocent until proven guilty” in the eyes of the law. The burden of proof is now on the defense to prove their arguments.

If, however, a person does win their appeal or writ in Texas, then their case status reverts back to when they were first arrested but not yet convicted. Depending on the facts presented in the writ or appeal, the prosecution may then choose to:

• Renegotiate

• Pursue a new trial

• Drop the charges completely.

The Key Differences Between Criminal Appeals and Writs of Habeas Corpus 

While there are many technical differences between criminal appeals and writs of habeas corpus in Texas, below we focus on the three most important contrasts. 

1. The Substance of the Arguments

Yes, appeals and writs both aim to overturn wrongful convictions, however they strive to get there in different ways.  

With appeals, the arguments made can only be about errors that happened during the trial or during an official hearing, such as a suppression hearing. For instance, if you believe the judge made an inaccurate ruling, such as allowing evidence to be introduced that legally should not have, then an appeal may be appropriate. 

Writs of habeas corpus, on the other hand, are the best avenue to introduce new evidence that wasn’t available during the time of trial or plea negotiations. This can be evidence of:

• Actual innocence, such as new DNA findings or witness testimony

• Ineffective assistance of counsel. According to the law, everyone is entitled to a quality defense, and if your prior attorney failed to provide that, then you might be entitled to a new trial. 

If the appellate courts find an appeal or writ convincing, then they may grant relief, as they are the ones who ultimately decide to accept or deny requests to reverse convictions. Keep in mind that the courts are very hard to persuade, however a skilled post-conviction attorney can help improve your odds. 

2. Trial vs. Plea Deal

Since appeals are limited to trial or hearing errors, they are only appropriate in trial cases or cases that hinged on very important hearings. 

In plea deal cases, a person’s right to appeal is often signed away as part of the bargain. This can sound scary, but appeals aren’t even appropriate for most plea deal cases anyways because there was no chance for trial errors. Writs of habeas corpus are still an available option however, even following a plea.

To put it simply, if a defendant had a trial, then an appeal, writ, or both may be appropriate. If they signed a plea agreement, then a writ of habeas corpus is likely the only option to try to reverse their conviction.  

3. Timing

Whether a person decides to pursue a writ, appeal, or both, the sooner they act, the sooner they’re likely to achieve success. That said, appeals and writs do have different timelines to keep in mind.

State and Federal Appeal Deadlines

If a defendant plans to appeal their trial conviction, swift action is essential. If the case was prosecuted by the state of Texas, then the defendant has 30 days to notify the courts of their intent to appeal. If the case is federal, then the defendant has only 14 days. An experienced criminal defense appellate lawyer, such as Chris Perri, can assist with this process. 

Once the intent to appeal has been filed, then the defendant and their appellate attorney must move quickly and adhere to official appellate deadlines. 

State Writ Deadlines

In state court, writs of habeas corpus can technically be filed at any time. Unlike appeals, there is not an official deadline. This is because new evidence could, in theory, arise at any point. 

That said, after five years or more have passed since the conviction, state appellate courts in Texas have the right to deny writ cases simply for being too old. This rule is often referred to as “laches.” 

Still, many older writs do find success, but on top of proving the claims, the defendant and their attorney must also prove “why now?” If the defendant can’t provide a good reason for why the writ took so long to file, then it could be automatically denied for its age. 

Federal Writ Deadlines

In federal court, there is an official writ deadline. In most cases, federal writs of habeas corpus must be filed within one year of the final judgment – either one year following the conviction, or if a criminal appeal was pursued, then one year following the appeal decision. 

Filing Both?

Because appeals must be handled swiftly, many defendants decide to pursue appeals first, and then if their appeal loses, they can later pursue a writ of habeas corpus. It is not an option to pursue a writ first and an appeal second due to the strict appellate deadlines. 

To learn more about appeal and writ deadlines, click here. 

So, How Do I Know Which One to Pursue—Writ or Appeal?

While this article offers some guidance on when to pursue a writ of habeas corpus versus an appeal, in most situations, it can be really hard to decide without the assistance of a seasoned Texas post-conviction defense attorney, such as Chris Perri. 

That said, a writ of habeas corpus is automatically the best option if the defendant:

• Already lost their appeal

• Failed to meet their appellate deadlines

• Took a plea deal.

If someone you love just lost at trial and you feel the outcome was wrongful, the best move would be to reach out to Chris Perri Law. Our team can quickly assess the most strategic path forward. As an award-winning lawyer with extensive experience in post-conviction criminal law throughout the state of Texas, Chris Perri is here to help. 

To schedule a free case consultation, please call us at (512)269-0260 or visit www.chrisperrilaw.com today.