What Is a Criminal Appeal?

A criminal appeal is a legal process where a person (the appellant) asks a higher court to review and change a lower court’s decision after a criminal trial. In a criminal trial, the focus is on determining whether the criminal defendant (the accused) is guilty based on evidence and witness statements.

A criminal appeal doesn’t re-examine the facts of the criminal trial or review new evidence. Instead, it involves reviewing the court record to find whether legal errors occurred in a trial that might have affected its outcome. These errors could include incorrect jury instructions or a misapplication of the law, among others.

The Texas Court of Criminal Appeals reviews the record from the trial court, appellate briefs, and the arguments from both sides to decide if the trial was fair and if the trial judge applied the law correctly. If the appeals court determines there were significant errors that affected the outcome of the criminal case, it can reverse the conviction, order a new trial, or demand other redress.