Criminal Appeals

Houston Criminal Appeals & Post Conviction

Houston appeals lawyerBennett & Bennett represent people on appeal in courts of appeals across Texas, in the Texas Court of Criminal Appeals, and in the United States Supreme Court. Mark began his criminal practice as a Houston criminal appeals lawyer in 1995 representing people on appeal. Appeals are almost all about the law, and handling appeals is the best way to learn the law.

Appeals Litigation Improves the Bar

The Best Experience for Attorneys to Have

Handling appeals makes trial lawyers their best, and trying cases makes appellate lawyers better. If your criminal case didn’t come out the way you wanted it to, give us a call at 713-224-1747 to talk about how we might help you on appeal.


An appeal is not about reviewing the jury’s decision or the trial lawyer’s performance (though the court of appeals can do that in very narrow circumstances) as much as reviewing the judge’s decisions.

Winning in the Appellate Courts

With few exceptions, to win on appeal you must have:

  • A mistake that the judge made;
  • That was brought to the judge’s attention at the time she made it; and
  • That affected the outcome of the trial.

It is the trial lawyer’s job to “preserve error” by making the correct objections at the right time, pointing out the judge’s errors to her. Good lawyers preserve error in trial. The better the trial lawyer, the better the chances on appeal.

Even if the trial lawyer did a terrible job of preserving error, we may be able to help.

The 1st & 14th Courts of Appeal in Houston

Appeals from county courts and district courts go to the intermediate courts of appeals. In Houston, that’s the First Court of Appeals and the Fourteenth Court of Appeals.

Those courts hear all of the appeals that are brought to them. Appeals from the intermediate courts go to the Texas Court of Criminal Appeals on discretionary review; “discretionary review” means what it sounds like — the Court of Criminal Appeals decides whether it wants to hear a particular appeal.

Beyond the Texas Court of Criminal Appeals, appeals go to the United States Supreme Court, which is also a court of discretionary review. Texas Both the Court of Criminal Appeals and the United States Supreme Court hear only a small percentage of the cases that are presented to them.

Looking for a Houston Appeals Lawyer?

If you have already lost in the intermediate court of appeals or the Texas Court of Criminal Appeals, and you want to pursue discretionary review at the Texas Court of Criminal Appeals or the United States Supreme Court, call us at 713-224-1747.

More Information: Post Ruling

Houston Appeals & Post Conviction Attorneys

Bennett & Bennett