5397 Texas Criminal Appellate Procedure - ROE- 25893
Carmen Roe (ADJUNCT)
Course Areas: Constitutional and Criminal Law
Time: CANCELLED Location:
Course Outline: This upper-level class will focus on state criminal appellate procedure, with
emphasis placed on the Texas Rules of Appellate Procedure and, where applicable
to state appellate practice, the Texas Code of Criminal Procedure. The general
approach of this course will be twofold: 1) to examine case law interpretation of
the procedural rules that govern post-judgment criminal procedure in Texas, from
motions for new trial through state post-conviction writs of habeas corpus; and 2)
to discuss the most common substantive issues which arise in appellate
proceedings in state courts, including claims of ineffective assistance of trial
counsel, sufficiency of the evidence, appellate review of jury charge error, Brady
violations and actual innocence claims.
Course Syllabus: Syllabus updated 4/11/17
Course Notes: The primary reading material in the course will be written material provided by the instructor regarding Texas criminal appellate practice.
First Day Assignments:
Final Exam Schedule:
This course will have:
Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No
Experiential Course Type:
Bar Course: No
Course Materials (4/7/2017 11:13:01 AM)
The primary reading material in the course will be written material provided by the instructor regarding Texas criminal appellate practice. In addition to being responsible for reading this general review, students will also be responsible for reading assigned cases within such material that the instructor will designate as mandatory reading. It will be necessary to obtain a copy of the Texas Rules of Appellate Procedure, which may be accessed for free at www.supreme.courts.state.tx.us/rules/traphome.asp. I recommend students obtain a
copy of Professor Secrest’s Texas Criminal Codes, which contains those rules with annotations for a thorough understanding of the rules. Either the 2012-2013 or 2013-2014 edition would be fine, but purchase of such text is optional.
In addition to the reading materials listed above, students will regularly be required to read new opinions issued by the Court of Criminal Appeals (CCA) and various Courts of Appeals (COA), as specifically assigned by the professor. Each class will conclude with one or two students presenting a recent case from the CCA or court of appeals “hand -down” list, which may be accessed at www.txcourts.gov. Cases will be assigned that either deal with important issues of criminal appellate procedure or which serve as an illustration of how postconviction procedure works in Texas state courts. A link containing a complete appellate record from a recent case will be distributed to the students on the first day of class. This record will be used to illustrate the topics that are discussed throughout the semester. Excerpts from other appellate records will also be distributed to the class as needed.