Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

xi. Appeals
If the prosecutor successfully convicts the defendant, the defendant often will appeal the conviction in a
higher court. The main role of a court of appeals is to review what the lower court did during the trial to
make sure everything was fair.
A court of appeals does not hear new evidence, so the victim and other witnesses do not testify again.
Instead, lawyers for both sides present arguments about the trial process and procedures. Issues often
include whether the defendant’s constitutional rights were violated, whether the trial court heard
sufficient evidence to convict the defendant, or whether the defendant received ineffective assistance
from the defense attorney.
Although the survivor usually will not participate in the appeal, she or he likely will want to stay informed
about the process. Fortunately, the survivor’s constitutional rights still apply. Article 1, Sections 30(b)(1)-
(2) of the Texas Constitution guarantee the rights to be notified of and to be present at all public court
proceedings related to the offense. In addition, Tex. Code Crim. Proc. Art. 56.02(a)(3) grants victims
the right to be informed about appellate proceedings. Finally, survivors also have the right under Tex.
Code Crim. Proc. Art. 56.02(a)(4) to be informed of an appellate court’s decision before it is made
public. To assert any of those rights, the survivor must make a request to the prosecutor’s office or the
court of appeals. (p. 25, CVR)
Finally, even though defendants may appeal their convictions, the state cannot appeal an acquittal. To
do so would violate the defendant’s constitutional guarantee against “double jeopardy,” or being tried
more than once for the same offense. In some limited circumstances the prosecutor can appeal a court’s
decision to dismiss charges against the defendant, but if the court or a jury renders a “not guilty” verdict,
then the prosecution is over.
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