Appeals
Some of Our Best Known Appeals Successes
1. Byron v. State - Conviction reversed, as the prosecutor convicted the client of one crime, but had indicted him on another crime
2. Maltos v. U.S. - Reversed & Rendered (which makes impossible a retrial) - circumstantial evidence insufficient for possession of 294 kilos of cocaine
3. Ovalle v. U.S. - Federal conviction for approximately 100,000 lbs. of cocaine and marijuana, for failure to include Mexican-Americans on a Michagan Grand Jury.
4. U.S. vs. Rodriguez - Martinez - this case was reversed because we pointed out on appeal that the government had used an out-of-court declaration by a government informant to obtain a conviction in violation of Crawford vs. Washington.
Ask us about our other appeals, which are far too numerous to list here.
Texas Appellate Lawyer
The key to a successful criminal appeal is to hire an experienced appellate lawyer as soon as possible because of the very short notice of appeal and other time limit requirements. You have only ten days to file notice of appeal in federal court and 30 days in state court. These deadlines are written in stone and failure to comply will doom any attempt to appeal. Get your attorney started quickly. See us as soon as possible!
A law firm known for thorough and detailed appellate briefs
Our San Antonio, Texas, law firm, the Law Offices of Ray Taylor & Associates, P.C., regularly handles appeals of trials lost by other firms. Our fulltime appellate attorneys, Ray Taylor and Phil Spicer, are known for their meticulous research and preparation. We have handled many appeals for clients whose original counsel was not successful at trial. We have secured numerous reversals of convictions at the appellate level. Contact us to discuss your case. We have more than 70 years combined appellate experience.
Call the Law Offices of Ray Taylor & Associates, P.C. at (210) 807-9916 to arrange a free initial consultation and case analysis. Remember, if the court is not notified within the required and very short time limits, an appeal will not be possible.
What an appeals lawyer does
To identify the reasons that the initial verdict should be reversed, attorneys Ray Taylor and Phil Spicer usually review page by page the entire trial transcript and other court records individually. They then consult with each other to determine the points that will stand the best chance for reversal. Phil Spicer then writes and edits a logical and step-by-step appellate brief in complete compliance with the complex rules of the Appeals Courts. The attorneys will then present a well organized and effective oral argument to the appellate judges. Appellate court rules are far different from those in a regular criminal trial court. Ray Taylor and Phil Spicer know the rules of the state and federal appellate courts thoroughly.
Using our experience to develop an effective appeal
Based on our experience with many criminal appeals over a 35-year span, our firm identifies the best of the points on which to base the appeal. A focused brief, rather than an ineffective shotgun approach, is the most effective way to present an appeal. The goal of the brief is to get the state or federal judges to agree that the trial court committed reversible error, and to reverse the conviction. Sometimes, we are able to get a "reverse and render" decision, which means the defendant must be freed immediately, and may not be retried.
The timing of a criminal appeal depends on the needs of the client
Once the court has been notified of the intent to appeal, the appeal itself can be either fast or slow. A number of factors will determine how long the appeal will take. If the client is free, we usually move slowly. If he is in jail, we first move to get him out of jail promptly, and if he remains jailed, we move with all deliberate haste to complete his appeal to win his freedom. The attorneys at the law office of Ray Taylor & Associates, P.C., will take all the time necessary to prepare a compelling and persuasive brief. If the client is in jail, our first effort is to get him out of jail pending the appeal.
What outcomes are possible?
There are several possible outcomes to a criminal appeal, including:
- The conviction is reversed and rendered, meaning that the case can never be tried again and the defendant goes free
- The conviction is reversed, and a new trial is ordered
- The conviction is reversed in part, meaning that only aspects of the trial court's verdict are set aside
- The conviction is affirmed, meaning that it stands as originally issued
- The verdict is reformed, but the punishment can never be increased.
If you have been convicted of a criminal charge, speak with an experienced attorney promptly to learn if an appeal might be warranted. Contact the San Antonio law firm, Law Offices of Ray Taylor & Associates. Call (210) 807-9916 to arrange a free initial consultation and case analysis. We also do motions for new trial, writs of habeas corpus to set aside a prior conviction, and sentencing hearings.
