A Simple Guide to the Appellate Process in Texas and Arkansas

When a court issues a final judgment in a case, it does not always mean the legal battle is over. If a party believes a legal error affected the outcome of their case, they may have the right to appeal. The appellate process allows a higher court to review a lower court’s decision to determine whether a mistake of law or procedure occurred.

This guide will break down what an appeal is, how the process works, and the key differences in appellate procedures in Texas and Arkansas.

What Is an Appeal?

An appeal is a legal process in which a higher court reviews the decision of a lower court to determine whether errors were made that affected the outcome. Appeals are not new trials, and appellate courts do not consider new evidence. Instead, they review the trial court's proceedings to assess whether the law was applied correctly. Appeals are available in both criminal and civil cases, and a party seeking an appeal (the appellant) must generally show that a legal error occurred that likely impacted the case’s outcome.

There are several types of legal errors that can justify an appeal. One of the most common is a misinterpretation or misapplication of the law by the trial judge. If a judge applies the wrong legal standard or misinterprets a statute, it can lead to an incorrect ruling. Another common basis for appeal involves evidentiary errors, where the trial court improperly admits or excludes key evidence. For example, a judge may allow a confession obtained in violation of a defendant’s Miranda rights, or they may exclude expert testimony that could have influenced the jury’s decision.

Procedural errors can also warrant an appeal if they affect the fairness of the trial. These may include failing to provide proper jury instructions, improperly limiting a party’s ability to present a defense, or failing to follow required procedural rules. In some cases, jury misconduct—such as a juror introducing outside information or failing to disclose bias during jury selection—can be grounds for overturning a verdict. Similarly, prosecutorial or judicial misconduct may provide a basis for appeal. If a prosecutor withholds exculpatory evidence that could have proven a defendant’s innocence, or if a judge demonstrates bias or makes inappropriate comments in front of the jury, the fairness of the trial may be compromised.

Another critical issue in criminal appeals is ineffective assistance of counsel. Under Strickland v. Washington (466 U.S. 668, 1984), a defendant may have grounds for appeal if their attorney’s performance was deficient and that deficiency prejudiced the outcome of the case. Examples include failing to call key witnesses, not objecting to inadmissible evidence, or making fundamental trial errors that weaken the defense. Lastly, sentencing errors can justify an appeal if a defendant receives a sentence beyond the statutory maximum or if the court fails to apply proper sentencing guidelines, such as not giving credit for time served.

Each of these errors, if properly raised on appeal, can lead to a case being reversed, modified, or remanded for a new trial. Because appellate courts only review the trial record and legal arguments, having a well-documented case and an experienced appellate attorney is essential to a successful appeal.

The Appellate Process in Texas and Arkansas

In Texas, appeals are governed by the Texas Rules of Appellate Procedure (TRAP) and specific state statutes. In Arkansas, appeals are governed by the Arkansas Rules of Appellate Procedure (ARAP). The process is similar to Texas, but there are key differences in filing deadlines, procedural requirements, and court structures. Below is an overview of the process, with distinctions noted.

Step 1: Filing a Notice of Appeal

The first step in the appellate process is filing a Notice of Appeal in the trial court that issued the judgment. This document formally notifies the court and the opposing party that an appeal is being pursued. In both Texas and Arkansas, the notice must be filed within 30 days of the final judgment in civil cases. In criminal cases, the deadline is also 30 days unless a motion for a new trial is filed, which extends the deadline to 90 days in Texas. These deadlines are governed by Tex. R. App. P. 26.1 and 26.2 and Ark. R. App. P.–Civ. 4(a) and Ark. R. App. P.–Crim. 2(a)(1). Missing this deadline can result in losing the right to appeal, so timely filing is crucial.

Step 2: Preparing the Record on Appeal

Once the notice is filed, the next step is compiling the appellate record, which consists of two main parts: the clerk’s record, containing official trial court documents, pleadings, and rulings, and the reporter’s record, which includes transcripts of trial proceedings. The appellant is responsible for ensuring these records are properly prepared and filed. In Arkansas, the appellate record must be certified and submitted within 90 days of the notice of appeal, as required by Ark. Sup. Ct. R. 3-5. Texas does not impose a strict deadline but requires the record to be requested in a timely manner. Without a complete appellate record, the court may be unable to review the case, potentially leading to dismissal of the appeal.

Step 3: Filing Appellate Briefs

After the record is prepared, the parties submit written arguments to the appellate court in the form of briefs. The appellant’s brief outlines the alleged errors made by the trial court and provides legal arguments supported by statutes and case law. The appellee (opposing party) then files a response brief, defending the trial court’s decision. The appellant may submit a reply brief to counter the appellee’s arguments. In Texas, the rules governing appellate briefs are outlined in Tex. R. App. P. 38, while in Arkansas, they are governed by Ark. Sup. Ct. R. 4-2. The content and structure of these briefs are critical, as most appellate decisions are based solely on the written arguments rather than oral presentations.

Step 4: Oral Argument (If Granted)

While most appeals are decided on the written briefs, the appellate court may grant oral argument if it believes further clarification is needed. During oral argument, attorneys for both sides present their cases before a panel of appellate judges and answer any questions posed by the court. In Texas, oral argument is granted at the court’s discretion, as stated in Tex. R. App. P. 39. Similarly, in Arkansas, oral argument is also discretionary but more restricted in criminal cases, as specified in Ark. Sup. Ct. R. 5-1. If oral argument is denied, the appellate court will decide the case solely based on the briefs and the record.

Step 5: The Appellate Court’s Decision

After reviewing the record and legal arguments, the appellate court issues a written opinion deciding the case. The court may affirm the lower court’s decision, meaning the ruling stands as issued. Alternatively, the court may reverse the decision, effectively overturning the lower court’s ruling. In some cases, the court may modify the judgment or remand the case back to the lower court for further proceedings, such as a new trial. In Texas, civil appeals may be reviewed by the Texas Supreme Court, while criminal appeals go to the Texas Court of Criminal Appeals, as outlined in Tex. Gov't Code § 22.001, § 22.201. In Arkansas, appeals are heard by either the Arkansas Court of Appeals or the Arkansas Supreme Court, depending on the case, per Ark. Sup. Ct. R. 1-2. Once the appellate court’s decision is issued, the losing party may seek further review, but in most cases, the appellate court’s ruling is final.

Conclusion

Appeals play a crucial role in ensuring justice by correcting legal errors made at trial. Whether you are dealing with a criminal conviction or a civil dispute, understanding the appellate process in Texas and Arkansas is essential. Given the strict deadlines and complex legal arguments involved, working with an experienced appellate attorney can significantly impact your case.

If you believe you have grounds for an appeal, don’t delay—consult with Mothershed Law to discuss your options.