When a business or individual receives an unfavorable verdict, the case is not necessarily over. Appellate law exists to correct legal errors made at trial, but the process is governed by strict procedural rules, short deadlines, and demanding legal standards. Success on appeal depends not only on understanding the law, but on knowing how to present it within the narrow framework appellate courts allow.
At Kretzer & Arnett, our Texas appellate lawyers represent clients in both federal and Texas state appeals, handling complex civil and criminal matters. Whether your case arose in a U.S. District Court or a Texas state trial court, our attorneys are prepared to step in at the appellate stage—even if we did not represent you at trial—and conduct a thorough review of the record to determine whether reversible error occurred.
Many civil and criminal cases are litigated in federal court from the outset. These include matters involving federal statutes such as antitrust, civil rights, intellectual property, and bankruptcy, as well as cases raising constitutional questions. Others fall under federal jurisdiction because the parties are based in different states and the amount in controversy exceeds the jurisdictional threshold.
If a case was tried in a U.S. District Court, an appeal must be taken to the appropriate U.S. Circuit Court of Appeals. For example, cases from the Southern District of Texas are typically heard by the Fifth Circuit Court of Appeals. These courts enforce rigorous requirements governing the timing, format, and substance of appellate filings. Even minor procedural mistakes can result in dismissal, which is why experienced appellate counsel is critical from the very beginning of the process.
Federal criminal appeals involve complex constitutional and procedural issues. Defendants may challenge convictions or sentences based on violations of constitutional rights, evidentiary errors, jury instruction defects, or sentencing guideline misapplications.
In some matters, criminal prosecutions may proceed at the same time as related civil enforcement actions, commonly referred to as parallel proceedings. These cases can involve overlapping factual records and legal strategies, making coordinated appellate representation especially important.
Kretzer & Arnett represents individuals and entities in federal criminal appeals across the United States and evaluates both legal and strategic considerations when multiple proceedings are involved.
Federal courts also hear a wide range of civil cases, involving civil rights claims, employment disputes, contract litigation, regulatory enforcement actions, and cases involving parties from different states under diversity jurisdiction.
When a civil case is decided in U.S. District Court, any appeal taken to the appropriate U.S. Court of Appeals, and the Fifth Circuit Court of Appeals typically hears Texas cases. These courts review whether the trial judge correctly applied the law and followed proper legal procedures.
Federal appellate courts do not retry factual disputes or reconsider witness testimony or evidence. Instead, they evaluate whether the trial judge correctly applied the law. They evaluate whether legal or procedural errors occurred that justify reversal, modification of the judgment, or a new trial.
Because deadlines for filing federal appeals are short and the procedural rules are strictly enforced, consulting a federal civil appeals lawyer as soon as a final judgment is entered is critical to preserve appellate rights.
Most civil and criminal trials in Texas are handled in state courts. When a trial court’s judgment is based on legal error, the losing party may have the right to appeal to the appropriate Texas Court of Appeals.
Kretzer & Arnett represents clients in appeals arising from civil litigation, probate and guardianship proceedings, criminal convictions and sentencings, and Texas Business Courts. In standard civil cases, appeals are heard by the Court of Appeals serving the district where the trial took place. If the case originated in one of Texas’s newer Business Courts, the appeal is taken directly to the Fifteenth Court of Appeals in Austin, which has statewide jurisdiction over Business Court appeals. These courts are intended to handle complex, high-value commercial disputes, and their growing body of case law makes appellate familiarity with their procedures especially important.
In Texas, a judgment generally remains enforceable while an appeal is pending unless the appealing party secures a supersedeas bond or other approved security. This bond temporarily halts collection efforts during the appellate process. The required amount is calculated based on statutory formulas that account for damages, costs, and anticipated interest, though the law provides certain caps when the amount would otherwise threaten a business’s viability.
While the sums can appear overwhelming, a bond is often far less damaging than immediate payment of a judgment that may later be overturned. Our attorneys work closely with clients to ensure these requirements are met and assets are protected during the appeal.
A criminal conviction in Texas does not always mark the end of the legal process. Defendants may have the right to appeal when legal or constitutional errors affected the fairness of the trial or the legality of the sentence. Most Texas criminal appeals are heard by the Texas Court of Appeals serving the district where the case was tried. Only death penalty cases go directly to the Texas Court of Criminal Appeals.
Appellate issues may include: violations of constitutional rights, improper admissions or exclusion of evidence, errors in jury instructions, prosecutorial misconduct, ineffective assistance of counsel, and sentencing and punishment errors.
Plea bargains often limit or waive appellate rights, which is why it is critical to consult a Texas criminal appeals lawyer before accepting any agreement that may limit your ability to challenge a conviction or sentence.
Kretzer & Arnett represents clients in criminal appeals throughout Texas, including post-conviction challenges where appellate relief is still available under the law.
Not every unfavorable outcome can be appealed. A successful appeal must be based on legal error rather than disagreement with the verdict. At Kretzer & Arnett, we review trial records through the lenses of constitutional law, statutory interpretation, and case precedent. We also evaluate whether evidentiary rulings, witness procedures, or other trial-level decisions unfairly affected the result.
Our goal is to identify viable appellate issues, assess their strength, and provide clients with a clear understanding of their options moving forward.
Appellate litigation is demanding, technical, and highly time-sensitive. If you believe a trial court’s decision was entered in error, the next step is to have your case reviewed by an attorney who understands the appellate courts and the standards they apply.
Kretzer & Arnett handles complex appeals in both federal and Texas state courts, including cases involving parallel civil and criminal proceedings. To discuss your situation and explore possible grounds for appeal, contact us to schedule a confidential consultation.
