Court Appointed Appellate Attorney

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Summary

Indigent defendants in Texas appealing a jury conviction are entitled to a court-appointed appellate attorney. You can request a change of attorney for valid reasons, subject to court approval. Fines generally are not returned unless the conviction is overturned. The appellate court can affirm, reverse, or remand the case. If evidence is ruled inadmissible, it must be excluded in retrials. Hearsay evidence is generally inadmissible, with exceptions like present sense impression and excited utterance. The U.S. Supreme Courts Confrontation Clause rulings, such as Crawford v. Washington, reinforce that testimonial hearsay is inadmissible unless the witness is unavailable and previously cross-examined.

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Does a county court at law when a defendant appeals a jury conviction and is now indigent have to provide the defendant with an appellate attorney
Hi ****,
Generally, if a defendant is indigent (unable to afford an attorney), the court is required to appoint an appellate attorney for them. This requirement ensures the defendant's right to legal representation.
Could you please share your location or the state where this issue is occurring to provide more specific information?
Does a county court at law when a defendant appeals a jury conviction and is now indigent have to provide the defendant with an appellate attorney In Texas
Hi ****,
In Texas, if a defendant is indigent and appeals a jury conviction, the county court is required to appoint an appellate attorney.

Texas Court of Criminal Appeals


Phone: (*) *-*
Address: * W 14th St, Austin, TX *
Website: www.txcourts.gov

Is there any specific aspect of your case you need further details on?
At that point can an appellate attorney be exchanged for another appellate attorney?
Hi ****,
Yes, in Texas, you can request to change your appointed appellate attorney if there are valid reasons, such as ineffective assistance or a conflict of interest. However, the court must approve this request.
Do you have any specific concerns or issues with your current appellate attorney?
If the defendant was sentenced in that case to 0 days in jail and a $*,* fine. Does the fine get returned?
Hi ****,
If the defendant was sentenced to a $*,* fine, it generally does not get returned unless there is a legal basis for a refund, such as a successful appeal overturning the conviction.
Do you have any concerns or additional details about the verdict or appeal process?
Are there chances that the appeal process causes a retrial at the lower court or does the appellate court over rule the decision?
Hi ****,
In Texas, the appellate court generally reviews the trial court's decision and can:
- Affirm the conviction (uphold the decision).
- Reverse the conviction (overturn the decision).
- Remand the case (send it back to the lower court for a retrial or other action).
Do you have any specific concerns about the appeal process?
In reversing the conviction or overturning is it dismissed?
Hi ****,
If an appellate court reverses or overturns a conviction, it usually means the conviction is invalidated. The case could be dismissed or sent back to the lower court for further proceedings, such as a retrial, depending on the specifics. Do you have any further questions about the potential outcomes?
If the evidence at that point is ruled inadmissible what happens at the lower court with hearsay evidence at witness testimony.
Hi ****,
If the appellate court rules certain evidence inadmissible, the lower court must exclude it in any subsequent proceedings, including retrials. Hearsay evidence generally remains inadmissible unless it falls under an exception.
Do you have specific concerns about the witness testimony or the evidence?
Is Hearsay evidence admitted in trial?
Hi ****,
Hearsay evidence is generally inadmissible in trial, but there are exceptions. Some common exceptions include:
- Present sense impression
- Excited utterance
- Statements made for medical diagnosis or treatment
- Business records
Would you like more details on any specific exception or any other aspect of the trial process?
Can hearsay evidence of video be admitted in trial?
Hello ****,
Hearsay evidence in video form is generally inadmissible in trial, but there are exceptions similar to those for other types of hearsay, such as:
- Present sense impression
- Excited utterance
- Business records
Would you like more information on any specific exceptions or other aspects of video evidence admissibility?
Is hearsay evidence admissible by a police report during trial in Texas?
Hi ****,
Hearsay evidence in a police report is generally inadmissible in Texas during a trial. However, there are exceptions, such as:
- Present sense impression
- Excited utterance
- Public records
Would you like more information on any specific exception or any other aspect of hearsay evidence?
What does the Supreme Court ruling state regarding hearsay evidence?
Hi ****,
The U.S. Supreme Court has ruled on hearsay evidence primarily through the Confrontation Clause of the Sixth Amendment. Key points include:
- Hearsay evidence is generally inadmissible unless it falls under recognized exceptions.
- Defendants have the right to confront witnesses against them.
- Crawford v. Washington (*) reinforced that testimonial hearsay is inadmissible unless the witness is unavailable and the defendant had prior opportunity for cross-examination.
Would you like more details on any specific Supreme Court case or aspect of hearsay evidence?