Appellate Attorneys in Houston Texas

0
116

Houston Appeals Lawyers

Our Texas appellate law firm has grown from a one-person firm to a sophisticated, experienced appellate law firm that focuses 100% on appeals in both state and federal courts. Our traditional values are pride, passion and the pursuit of winning the argument on appeal.

Contact our Houston appeal attorneys (281) 845-8108.

A given attorney’s scope of knowledge of the existing and newly enacted laws is the greatest determinant of the outcome of an appeal. For effective representation at the Texas appellate courts, the Houston Texas appeals lawyer must know even the finest details relating to the case and also all the laws relating to the alleged crimes. It is for this reason that our appellate attorneys normally do thorough legal research and consultations with our clients’ trial counsel. We also try to maximize the probability of obtaining a positive outcome by presenting convincing oral arguments in front of the Texas appellate judges. You can appeal on grounds that the sentence was excessive, the trial court made abuses of discretion or legal mistakes or there were wrong jury instructions. Return to our main Texas appeals page.

Connect with our appeals lawyers in Houston to discuss your case (281) 845-8108.

Contact our Houston appellate law firm to explore all of your options. Our appeals lawyers will review your case. We are able to handle many criminal appeal cases including drug trafficking, insurance, and financial fraud, business torts, copyright infringement, Medicare fraud, improper solicitation of patients, internet pharmacy violations, HUD appeals, customs enforcement, and international trade commission appeals. In all these cases we secured new trials, reduced sentence or acquittal. Contact us today to see what we can do for you. Call our Houston Appeal Lawyers for an civil appeal or criminal appeal at (281) 845-8108

Federal Appeals in Houston Texas

Our federal appellate law firm maintains a respect for the rule of law and providing excellent legal work to our appellate clients in Houston, Texas. Our vision is to combine skills with experience in order to solve client problems. Laws pertaining to illegal drugs should be regulated because these laws concern the fundamental rights of the people. For one, prosecutors may not follow the rule or you may have ineffective assistance of counsel.  Our appellate law firm is led by Robert Sirianni Texas appeal lawyer, and please contact us to discuss your case.

The Texas federal appeals lawyers at our appellate law firm are competent in handling drug trafficking appeals in Houston. In the state of Texas, the governing law on drug trafficking and distribution is called the Texas Controlled Substances Act. Based on this law, the arguments for drug trafficking cases and appeals can be derived from. Drug trafficking appeals cases pushed by our lawyers have pleadings that are well-crafted, with legal basis and compliant to the formal requirements provided by the laws of Texas. Connect with the Houston appeal attorneys.  Most appeals in Houston proceed through the Fourteenth Court of Appeals in Houston Texas.

As of January 2003, every opinion of the court of appeals must be classified as either an opinion or a memorandum opinion. In a change from previous protocol, all the opinions of the court of appeals are open to the public and available to the print and electronic media.  Appeals in Houston originate in the Harris County Court of Appeals and proceed to the District Court of Appeals for Texas.

A memorandum opinion is issued in a case that does not involve a novel legal issue and addresses cases. It is different from opinion in that it is an abbreviated opinion used when the court thinks that issues are settled and there is no reason to write a longer opinion. Rule 47.4 sets forth that an opinion must be designated as a memorandum of opinion unless it (a) establishes a new rule of law, modifies or alters an existing rule, or applies an existing rule to a new situation likely to repeat in future cases (b) criticizes existing law (c) involves issues of constitutional law important to the Texas legal system or (d) resolves conflict between two legitimate authorities.

Criminal Appeals Lawyers in Houston TX

Contact Robert Sirianni to appeal a criminal case in Houston Texas.  Our law firm files Texas criminal appeals and Texas criminal appeals in Houston. Drug trafficking is not allowed under the Texas Controlled Substances Act. Our lawyers have been trained with the legal provisions of the act so as to better deal with drug trafficking appeals in Texas. There are several offenses penalized by the Texas Controlled Substances Act and one of these offenses is drug trafficking. A client may have been wrongfully convicted by the decision of the trial judge or be the victim of an erroneous application of penalties. With the aid of our Houston Criminal Appeal Attorneys, drug trafficking appeals and Texas post-conviction relief are efficiently and effectively handled to the best interest of the client.No matter what situation you find yourself in here in Houston Texas, the criminal appeal lawyers at our law firm are there to help you out. Because our criminal appeals lawyers in Houston Texas focus on appeals and appeals only, your quest to get justice will be in great hands. No federal appeal or state criminal appeal is too large or too small for our experienced Texas criminal appeals attorneys, who will be with you every step of the way.  You can track court of appeals cases by visiting the Harris County Appellate Courts department.

Give us a call today to find out how our experienced Texas criminal appeal lawyers can help you get the justice you deserve. Connect with our Houston Texas criminal appeals lawyers (281) 845-8108.

Even though there will include a multitude of great reasons to search out criminal appeals in Texas, a few of the more typical errors involve:

  • Trial court might have excluded proof which ought to have been heard by a jury;
  • The court might have allowed a jury to hear evidence which ought to have been excluded;
  • A judge may make unintentional mistakes or be involved in intentional misconduct;

These types of actions offer enough reason for a higher Texas or Federal court to overturn a jury verdict by way of the process of federal criminal and state court criminal appeals. For help with your criminal appeal call our appeals attorneys today for help.

If you win your appeal, depending on your case, the Texas criminal appellate courts may order an acquittal after concluding that the evidence was not legally sufficient to support a conviction or return your case to the trial court after concluding that the evidence was excluded or improperly allowed and procedural errors were made.

Connect with Robert Sirianni our lead Texas appellate lawyer today to discuss your case at (281) 845-8108.

Our Texas appellate litigators include former law clerks, former prosecutors, members of the Order of Coif, and appeals attorneys in Houston Texas who have handled hundreds of criminal and civil appeals. Our Texas appeal lawyers know what it takes to win an appeal before the Texas Courts of Appeals. We will review your case to determine what options are available to you during your appeal.

Call us today at (281) 845-8108 for more information.

The prosecution can either dismiss the case or move forward with it. Should the appellate court decide that critical evidence cannot be used at a subsequent trial, the prosecution will more likely opt to dismiss the case to avoid a likely acquittal.

Contact our Houston Texas appeals attorneys (281) 845-8108.

Recent Blog Post for Houston Appeals
Houston Texas Case Law Information Center: Recent Opinions of the Houston Courts of Appeal
 
Dr. Theodore Okechuku v. State of Texas (Federal 2255 Post Conviction Motion)(2019)
 
Dr. Theodore Okechuku appeals his conviction. Dr. Okechuku was charged with running a “pill mill‘.  The trial court committed an Alleyne error by allowing an unresolved question of fact increase Petitioner’s sentence without submitting the question to the jury.  The jury was not required to establish that Petitioner actually “brandished” a firearm with intent to intimidate, as that phrase is defined by law, and therefore the sentence enhancement for brandishing a firearm was applied in error to Petitioner and should be reversed.      Under clear Supreme Court precedent when a disputed question of fact could possibly increase the sentence for a crime, that question of fact must be submitted to a jury for review. Alleyne v. United States, 133 S.Ct. 2151, 215 (2013) (“Any fact that, by law, increases the penalty for a crime is an element that must be submitted to the jury and found beyond a reasonable doubt. Mandatory minimum sentences increase the penalty for a crime. It follows, then, that any fact that increases the mandatory minimum is an element that must be submitted to the jury.”)  Texas Criminal Appeals
 
 
In Re Stone: Writ of Habeas Corpus in Texas
 
Article 11.07, §3(d) of the Code of Criminal Procedure authorizes a trial court to hold a hearing on an application for habeas corpus in a non-death penalty felony conviction.  The Texas Court of Criminal Appeals has established an extremely lenient standard for when a hearing should be held in a habeas corpus application. If an applicant “has alleged facts that, if true, might entitle him to relief, . . . the trial court [should resolve] the factual issues presented in accordance with Article 11.07, §3(d) of the Code of Criminal Procedure” by holding a hearing.  Ex parte Patterson, 993 S.W.2d 114, 115 (Tex.Crim.App. 1999); see also Ex parte Hernandez, 398 S.W.3d 369, 374 (Tex.App. – Beaumont 2013, no pet.) (“In our opinion, the issues raised by Hernandez in his application allowed the parties to have post-conviction hearing in Texas. Texas 1107 Writ of Habeas Corpus Petition

City of Denton v. Brian Rushing

In this Texas interlocutory appeal from an order denying a city’s plea to the jurisdiction and alternative motion for summary judgment, we must determine whether Local Government Code section 271.152, which waives a city’s immunity from suit on certain contracts, applies to these underlying claims. Read more about this Texas appeals case: City of Denton v. Brian Rushing The Local Government Code provides that a governmental entity that is authorized by law to contract and that enters into a contract waives its “immunity to suit for purposes of adjudicating a claim [under] the contract.” TEX. LOC. GOV’T CODE § 271.152.
 
RSL FUNDING, LLC AND RSL SPECIAL-IV LIMITED PARTNERSHIP v. RICKEY NEWSOME
The case originated from Dallas County and the 5th Court of Appeals District (05-15-00718-CV, 559 SW3d 169, 08-30-16). Bill of review action brought by Rickey Newsome to set aside an allegedly void nunc pro tunc order. RSL Funding, LLC and RSL SpecialIV Limited Partnership moved to compel arbitration and to stay the case pending arbitration. The arbitrable dispute grows out of a radical and punitive alteration of the parties’ contract made by an order approving a transfer under the state’s Structured Settlement Protection Act. Trial Court: The Honorable Carl Ginsburg presides over the 193rd Judicial District Court of Dallas County, Texas. Read the opinion here: Houston Texas Appeals

El Paso Marketing v. Wolf Hollow, LLP

November 26, 2014, Case No. 13-0816

A gas supplier (El Paso) sued a power plant owner (Wolf Hollow) seeking declarations construing the contract between the parties. The power plant counterclaimed for breach of contract and sued the pipeline transporter (Enterprise) for negligence, seeking a total of over $7.7 million in consequential damages. Only the breach of contract and declaratory judgment claims between the gas supplier and the plant owner remain.

Read the opinion of the Court of Appeal in the Texas Supreme Court: Texas Civil Appeals – El Paso Marketing v. Wolf Hollow

Texas Writ of Mandamus: In Re Essex Insurance Company

November 26, 2014, Case No. 13-1006

In a tort suit between an injured plaintiff and his former employer, both of these parties have wrongfully added the employer’s liability insurer, Essex Insurance Company (“Essex”), as a defendant in the same suit—in direct contravention of the no-direct-action rule and established principles of justiciability. Their maneuver appears to be a well-timed ploy to create pressure on Essex to fund a non-covered claim. Essex is already providing a defense to its insured under a reservation of rights, but these other parties are requiring Essex’ participation in the suit as a direct party, and the District Court is improperly compelling Essex to do so.

Read the opinion of the Court of Appeal in the Texas Supreme Court: Texas Supreme Court Appeal – In Re Essex Insurance Company