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Legal Professional
Legal Professional, Lawyer.
Category: Legal
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Experience:  JD, 10 years representing clients, 75+ Trials
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I want to know the statue of limations of a appeal in tex

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I want to know the statue of limations of a appeal in texas
Submitted: 7 years ago.
Category: Legal
Expert:  Legal Professional replied 7 years ago.
In general, the defendant has 30 calendar days in Texas to file a motion for new trial or to file a notice of appeal which vests jurisdiction in the appellate court. Thus the notice of appeal must be filed within 30 calendar days of sentencing unless a timely motion for new trial was filed. This extends the deadline for perfecting appeal to 90 days after sentencing. Also you must then request the "reporter's record" (transcript)and a "designation for material" (e.g. exhibits) to be filed with the clerk..

Even if you do not prevail on direct appeal, you may be able to pursue an application for post-conviction writ of habeas corpus. The Texas Code of Criminal Procedure establishes no exact time limits for filing a writ in state court. But, a writ must be filed in federal court within one year of the date the conviction becomes final.. ..but a pending state writ tolls this time for subsequent federal relief..

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