Criminal Appeals
A criminal appeal is often the last opportunity to challenge a conviction or sentence through the court system. Law Nerd LLC handles criminal appellate briefing in both state and federal courts:
- Direct appeals — briefing preserved issues including evidentiary errors, charge error, sufficiency challenges, prosecutorial misconduct, and constitutional violations
- Anders briefs and review — when appointed counsel identifies no meritorious issues, preparing the required Anders brief or reviewing the record for issues counsel may have missed
- Petition for discretionary review (PDR) — briefing petitions to the Texas Court of Criminal Appeals when the court of appeals gets it wrong
- Federal appeals — Fifth Circuit briefing in federal criminal cases
Post-Conviction & Habeas
When direct appeal is exhausted or unavailable, post-conviction proceedings may provide relief:
- State habeas (Article 11.07) — challenging convictions based on ineffective assistance, newly discovered evidence, false testimony, or constitutional violations not addressable on direct appeal
- Federal habeas (§2254) — challenging state convictions in federal court when the state court's decision was contrary to or an unreasonable application of clearly established federal law
- Actual innocence claims — presenting newly discovered evidence that establishes innocence under Chapter 64 (DNA testing) or Article 11.07
- Immigration consequences (Padilla) — post-conviction relief based on failure to advise noncitizen clients about deportation consequences
Trial-Level Criminal Defense Support
Law Nerd LLC also supports criminal defense attorneys at the trial level:
- Motions to suppress — Fourth Amendment challenges to searches, seizures, and confessions, including warrantless search exceptions, Miranda violations, and fruit-of-the-poisonous-tree analysis
- Jury charge preparation — defensive instructions, lesser-included offense submissions, and specific objections to the State's proposed charge
- Pretrial motions — motions to dismiss, Batson challenges, speedy trial motions, and motions to sever
- Preservation strategy — identifying constitutional and evidentiary issues that require timely preservation during trial
- Sentencing briefing — mitigation presentations, sentencing memoranda, and challenges to sentencing enhancements
When Defense Attorneys Call
"My client was just convicted."
The clock is running on post-trial motions and notice of appeal. Law Nerd LLC reviews the trial record, identifies preserved issues, drafts the motion for new trial if needed, and prepares the appellate brief. The 30-day deadlines in criminal cases are jurisdictional—there is no extension.
"I need help with the suppression motion."
The case turns on whether evidence from a traffic stop or search is admissible. Law Nerd LLC researches the specific Fourth Amendment issue, drafts the motion with supporting authority, and prepares the attorney for the suppression hearing.
"The client is a noncitizen."
A guilty plea could trigger mandatory deportation. Law Nerd LLC conducts the Padilla analysis, identifies immigration consequences under the INA, and researches alternative dispositions that avoid or minimize removal consequences.
"Direct appeal was denied."
The court of appeals affirmed the conviction. Law Nerd LLC evaluates whether a PDR to the Court of Criminal Appeals is viable, whether state habeas under Article 11.07 is available, and whether federal habeas under §2254 is warranted.
Why Criminal Defense Attorneys Use Outside Briefing Support
- Volume. Public defenders and high-volume defense attorneys carry caseloads that make it difficult to give every brief the time it needs. Law Nerd LLC provides the bandwidth.
- Complexity. Some issues—habeas, immigration consequences, constitutional challenges—require specialized research that goes beyond routine criminal practice.
- Deadlines. Criminal deadlines are often shorter and more rigid than civil deadlines. A 30-day notice of appeal window is jurisdictional. Law Nerd LLC helps meet those deadlines with quality work.
- Fresh eyes. Trial counsel who lived the case may be too close to see the strongest appellate issues. An outside attorney reviewing the record brings objectivity.
