When a Texas felony case moves beyond the trial, a new cast of decision‑makers steps in. Here’s a plain‑English guide to who does what—and how a case travels from the trial court through a direct appeal and, when appropriate, a post‑conviction writ under Article 11.07.

 

Trial court (the “convicting court”)

This is the district court where the verdict and sentence happened. On a direct appeal, the trial judge’s role mostly ends after the clerk prepares the record. In an Article 11.07 writ (a post‑conviction request to fix unlawful imprisonment), the same judge may gather facts—by ordering affidavits, documents, or a live hearing—and then issue written findings and a recommendation. The trial court does not grant or deny 11.07 relief; it develops the facts and forwards the case up the chain. The Texas Court of Criminal Appeals (CCA) alone has authority to grant felony habeas relief.

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Texas Courts of Appeals (first level of review)

For non‑death felony convictions, the first appeal goes to one of the fourteen Courts of Appeals that hear criminal cases. A three‑judge panel reviews only what’s in the trial record (transcripts, exhibits, rulings) and the parties’ written briefs; there is no new evidence. The panel can affirm (leave the conviction in place) or reverse (often sending the case back for a new trial).

 

Texas Court of Criminal Appeals (the state’s highest criminal court)

The CCA, based in Austin, has nine judges and is Texas’s court of last resort for criminal cases. In death‑penalty cases, appeals go straight from the trial court to the CCA. For other criminal cases, the CCA usually chooses which cases to hear via a petition for discretionary review (PDR)—a formal request asking the court to review the intermediate court’s decision. Discretionary review is not a matter of right; the court grants it only in limited circumstances under the rules.

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Article 11.07 writs: who does what and how the file moves

An Article 11.07 application (for non‑death‑penalty felony convictions) is filed in the convicting court, but the writ is returnable to the CCA—meaning the CCA is the only court that can ultimately grant or deny relief. After the State has a chance to respond and any needed fact‑finding is completed, the trial court forwards the full record and its recommendations to the CCA for a final decision. The CCA’s own description makes clear it has sole authority to grant the writ of habeas corpus to a person convicted of a felony.

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A simple example

Suppose a person is convicted in a Travis County district court. The direct appeal goes to the Austin‑based Third Court of Appeals, where a three‑judge panel studies the trial record and the briefs. If the panel affirms and the defense believes an important legal question remains, the next step is a PDR asking the CCA to review; the CCA chooses whether to take the case. Separately—after the conviction is final—if new evidence surfaces or a constitutional claim requires facts outside the trial record, the person can file an 11.07 application in the trial court. The trial judge may order affidavits or a hearing, then sends findings to the CCA, which makes the final decision on relief. (For a discussion of the court and judges involved federal appeals (writs) of Texas cases, read Mr. Daher’s article on federal-level appeals, “Going Federal.”)

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Key takeaways for families

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• First appeal: a three‑judge Court of Appeals panel reviews the trial record; no new evidence.

• Highest criminal court: the Texas Court of Criminal Appeals (CCA) has nine judges and the final say on Texas criminal cases; death‑penalty appeals go straight there.

• Article 11.07: file in the convicting court, but only the CCA can grant or deny relief after the trial court’s fact‑finding and recommendations.

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This process can feel slow and technical. That’s normal. Knowing who makes which decisions—and when—can help you support your loved one, ask informed questions, and stay focused on the steps that matter most.

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Learn More:

 

To hear more insights from attorney Matthew Daher you can visit Mr. Daher’s Knowledge Series at TexasCAA.com/knowledge. Please note that Mr. Daher is not available to offer free legal advice, as his time is dedicated to the law firm’s current clients. CAA can be reached at (737) 338-3233.