Defendants’ Options for Seeking Post-Conviction Relief in Texas

There are multiple legal remedies and procedures available to defendants who have been convicted of a crime. Unlike direct appeals to a higher court, post-conviction relief applications ask the trial court to revisit, modify or even overturn convictions. 

These are the principal forms of Texas post-conviction relief:

• Motion for new trial — Grounds for this motion include jury misconduct, the discovery of new evidence that was not reasonably available during trial or significant legal errors that undermined the fairness of the proceedings. Motions for new trial must be filed no later than 30 days of sentencing and a judge must rule within 75 days. Beyond offering a chance to retry the case, these motions serve a critical role in preserving important issues for an eventual appeal. 
• Motion to arrest judgment — This must be filed before sentencing becomes final. It asserts a fundamental defect in the indictment or a lack of jurisdiction that makes the conviction invalid. 
• Petition for writ of habeas corpus — This form of relief targets constitutional errors, actual innocence or circumstances outside the trial record. Unlike appeals, habeas petitions can introduce new evidence or previously unknown information. Texas recognizes several forms of habeas corpus relief: Article 11.07 writs for felony convictions, Article 11.071 for death penalty cases and Article 11.072 for those on community supervision (probation). Common grounds for habeas relief are ineffective assistance of counsel, prosecutorial misconduct, the emergence of new evidence or witness recantations and compelling proof of actual innocence.
• Post-conviction DNA testing — If evidence still exists and testing could demonstrate innocence, courts may order testing, provided certain legal and factual requirements are met. When favorable DNA results emerge, they can be the basis for exoneration or a new trial.
• Executive clemency and pardons — There are several types, including full pardons (which erase the legal effects of a conviction), conditional pardons and commutations that reduce a sentence. Though clemency is rarely granted, it remains an important avenue for correcting egregious injustice in exceptional cases.

Choosing the appropriate post-conviction remedy demands a careful legal evaluation, taking account of deadlines, the nature of the evidence and the case’s procedural posture. An experienced Texas criminal defense lawyer can assesses the facts and circumstances to determine the best course of action. Early consultation is critical, since opportunities for relief can expire quickly and new evidence or legal arguments must be marshaled efficiently.

If you or a loved one are confronting the aftermath of a criminal conviction, The Law Firm of Richard L. Ellison, P.C. in Kerrville will represent you in taking the next steps. To schedule a consultation, call my firm at 830-955-8168 or contact me online.