Criminal Appeals

What is a Writ of Habeas Corpus? Criminal Defense Lawyer Explains.

What is a Writ of Habeas Corpus? This video explains habeas corpus and provides examples of pre-trial and post-conviction writs. Visit https://www.gustitislaw.com for more information about the writ of habeas corpus, the meaning of habeas corpus, and the best criminal defense lawyer in Bryan-College Station, TX. In this video, criminal defense lawyer Stephen Gustitis answers [...]

By |2022-05-11T13:38:07+00:00April 17th, 2019|Courtroom Trial Practice, Criminal Appeals|Comments Off on What is a Writ of Habeas Corpus? Criminal Defense Lawyer Explains.

How to Withdraw a Guilty Plea After Sentencing

This video explains a criminal appeal and how to withdraw a guilty or no contest plea using a motion for new trial or writ of habeas corpus. Visit https://www.gustitislaw.com for more information about criminal appeal, how to withdraw a guilty plea after sentencing, and the best criminal defense attorneys in Bryan-College Station, TX. In this [...]

By |2022-05-11T13:38:07+00:00March 27th, 2019|Criminal Appeals|Comments Off on How to Withdraw a Guilty Plea After Sentencing

Using the Texas “Motion for New Trial” Like a Surgeon

On June 25, 2014, the Texas Court of Criminal Appeals ruled in Lundgren v. State, 34 S.W. 3d (Tex. Crim. App. 2014) that a motion for new trial "retroactively stayed the commencement of community supervision" until the motion was overruled by operation of law. The ruling saved Mr. Lundgren from 300 days in the Wise County [...]

By |2022-05-11T13:38:14+00:00October 6th, 2014|Criminal Appeals, Criminal Law Developments|Comments Off on Using the Texas “Motion for New Trial” Like a Surgeon

Thomas Dale Delay v. The State of Texas

In November 2010, former United States House Majority Leader, Tom Delay, was convicted in Travis County Texas of money laundering and conspiracy to commit money laundering. On September 19, 2013 the Texas Third Court of Appeals (COA) reversed the Delay conviction and entered an order of acquittal by a 2-1 vote. The COA ruled there was legally insufficient [...]

By |2022-05-11T13:38:15+00:00March 27th, 2014|Criminal Appeals, Personal Thoughts|Comments Off on Thomas Dale Delay v. The State of Texas

Failure to Communicate Plea Offers

The Texas criminal defense lawyer's professional responsibility to each client regards the timely communication of plea bargain offers made by the prosecutor. When defense attorneys fail to communicate plea offers to clients they commit ineffective assistance of counsel, which can often lead to reversal in a criminal case.   To establish an ineffective assistance of [...]

By |2022-05-11T13:38:23+00:00January 8th, 2013|Criminal Appeals|Comments Off on Failure to Communicate Plea Offers

Texas Criminal Appeals

Several new appeals came into the office this year. Fortunately, my clients possessed the presence of mind to call early in the Texas appeal process to preserve as many of their rights as possible. The appellate timetable is unforgiving and must be complied with strictly to preserve one's right to review. Bryan|College Station criminal defense [...]

By |2022-05-11T13:38:24+00:00January 7th, 2013|Criminal Appeals|Comments Off on Texas Criminal Appeals

Ineffective Assistance of Counsel on Appeal

Several prospective clients called recently asking how they can appeal their Brazos County criminal conviction and sentence resulting from aplea bargain or an open plea to the court (a guilty plea and waiver without a punishment recommendation from the prosecutor). "With great difficulty," I said. A plea bargain accepted by the trial judge waives most [...]

By |2022-05-11T13:38:25+00:00January 7th, 2013|Criminal Appeals|Comments Off on Ineffective Assistance of Counsel on Appeal
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