Navigating the complexities of the criminal justice system can be confusing, especially when you or a loved one are dealing with the aftermath of a criminal conviction. Two legal avenues often come up in discussions: appeal and habeas corpus. Though they may seem similar (and laypeople often think of both as "appeals") they serve different purposes in the Texas criminal justice system. In this blog post, we'll explore the differences between appeals and habeas corpus in Texas criminal cases.
Appeal: Reviewing Legal Errors Made During Trial
An appeal is a legal process that occurs after a trial and conviction. When a defendant, now referred to as the appellant, believes that legal errors were made during their trial, he or she can file an appeal with a higher court to review the trial court's decision. Legal errors can include incorrect jury instructions, improper admission of evidence, and insufficient evidence to support the conviction.
It's essential to note that during an appeal, the appellant is generally not allowed to introduce new evidence or facts. The appellate court's focus is solely on reviewing the trial court's record and legal arguments presented by both parties. The purpose of an appeal is to ensure that the trial was conducted according to the law, and this review is limited to arguments that the trial court was aware of-generally, arguments that trial counsel made.
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