The Fifth Court of Appeals sits in Dallas and covers Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall counties. It carries the largest criminal appellate docket in Texas.
Despite 13 justices and the highest criminal case volume of any Texas court of appeals—703 cases disposed in fiscal year 2025—the Fifth Court holds oral argument in only about 12% of criminal cases, one of the lowest rates in the state. After a court of appeals decision, either party can file a Petition for Discretionary Review (PDR) asking the Texas Court of Criminal Appeals to reconsider the outcome. The CCA grants about 5.6% of PDRs from Fifth Court decisions and, when it does, rules against the lower court in about 82% of those cases.
This Court hears appeals from pretrial habeas denials (articles 11.08 and 11.09) and from 11.072 rulings (community supervision). Habeas under article 11.07—the main felony route—is filed with the convicting court and decided by the Court of Criminal Appeals. See Direct Appeals and Postconviction Relief for the full map.
Fifth Court of Appeals—Cases
- Lethridge v. State, No. 05-23-01086-CR (direct appeal). Aggregated theft from elderly complainants. We argued that the evidence was insufficient on the aggregate-value threshold and the single-scheme element, and that the jury charge violated the unanimity guarantees of the Sixth Amendment and the Texas Constitution.
- Ex parte Rivello, No. 05-19-00676-CR (pretrial habeas). Aggravated assault with a deadly weapon on the theory that a strobing GIF sent over Twitter induced a seizure. We argued that the First Amendment barred punishing the communication as an assault and that the hate-crime enhancement statute is facially unconstitutional.
- Ex parte Bradshaw, No. 05-16-00570-CR; Ex parte Backus, No. 05-16-00517-CR; and Ex parte McCormick, No. 05-16-00746-CR (pretrial habeas). A trilogy challenging the online-impersonation statute, section 33.07(a) of the Texas Penal Code, as facially overbroad under the First Amendment, void for vagueness, and a violation of the Dormant Commerce Clause.
- Ex parte Chanagond, No. 05-23-00029-CR (pretrial habeas). A facial First Amendment challenge to the online-solicitation-of-a-minor statute, section 33.021(c) of the Texas Penal Code, arguing it is an overbroad content-based speech restriction that fails strict scrutiny.