Appeals

Law office in Austin

Throughout his 20 year career, Keith S. Hampton has successfully defended a number of criminal cases in Texas. Many cases were also appealed and deliberated in the Texas Criminal Appeals Court, which is known as the highest court in the state that ultimately decides a case outcome.  

Appealing convictions

What can you do if you’re dissatisfied with the outcome of your case? You can file an appeal. When you receive an unfavorable decision from a lower court, Keith S. Hampton reviews the case to see if an appeal is possible. The only permissible arguments during the appeal are those based on the trial court record. Evidence that is discovered after the trial, or that was known but not used as evidence during the trial, cannot be used for the appeal.
Team of lawyers working in their office

Contact us today to schedule a free initial consultation: 512-476-8484

Reported appellate cases

Here is a representative list of some reported cases that were litigated in Texas Criminal Appeals court by Keith S. Hampton:

Miles v. State, 241 S.W.3d 28 (Tex.Crim.App. 2007)—involved the extent of the exclusionary rule to private action

Tuck v. State, 215 S.W.3d 411 (Tex.Crim.App. 2007)—reaffirmed the right of indigent persons to a free record for appeal

Dyar v. State, 124 S.W.3d 460 (Tex.Crim.App. 2003)—DWI case concerning whether a hospital could be considered a suspicious place justifying police action

State v. Patrick, 86 S.W.3d 592 (Tex.Crim.App. 2002)—death penalty case in which the State sought to stop DNA testing

Wiley v. State, 74 S.W.3d 399 (Tex.Crim.App. 2002)—focused on the right to present a defense that another person was responsible for the crime

Ex parte Geiken, 28 S.W.3d 553 (Tex.Crim.App. 2002)—major decision regarding due process rights of prisoners

Tucker v. State, 990 S.W.2d 261 (Tex.Crim.App. 1999)—decision regarding the preservation of appellate complaints

Petitioning for writs of habeas corpus

A post-conviction petition for a writ of habeas corpus is more complex than an appeal. The petition is brought in federal court after the appeal in the Texas Criminal Appeals Court has been denied and the defendant is in jail. If it's granted, the writ allows an attack on the conviction using information that was not part of the original trial record including newly discovered evidence. The writ is not automatically granted but is often used in cases involving:
  • Double jeopardy
  • Ineffective counsel
  • Innocence
  • Prosecutorial misconduct
In the state of Texas, every trial that results in a death sentence is first reviewed by the Texas Court of Criminal Appeals. When the death sentence is upheld on the state level, and all other possible state appeals have been exhausted, it may be appropriate to petition the federal court for a writ of habeas corpus.
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