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HOUSTON Texas Criminal Appeals Attorney

Statewide Appellate Practice

Appeals are fought on the record, not in the courtroom down the street. From Houston, Brent Chapell — Board Certified in Criminal Appellate Law by the Texas Board of Legal Specialization — represents clients in criminal appeals across the State of Texas.

  • Board Certified

    Board Certified in Criminal Appellate Law by the Texas Board of Legal Specialization

  • Former Appellate Chief

    Chief of the Appellate Division, Montgomery County DA's Office — 200+ criminal appeals and habeas writs

  • Former Federal Prosecutor

    Appellate Division, U.S. Attorney's Office, S.D. Texas — 80+ Fifth Circuit appeals and writs

  • Court Admissions

    State Bar of Texas · U.S. District Court, S.D. Texas · Fifth Circuit Court of Appeals · U.S. Supreme Court

UNDERSTANDING APPEALS

What an Appeal Is — and What It Isn't

A criminal appeal is not a second trial. There is no new jury, no new witnesses, and — in a direct appeal — no new evidence. Instead, appellate judges review the written record of what happened in the trial court to decide whether a legal error affected the outcome.

That makes appellate work a different discipline from trial work. It turns on the record, the briefs, and the law — on finding the error that matters and presenting it persuasively to a court that reads thousands of pages a week. It is the work Brent Chapell has done on both sides of the bench: drafting opinions at a Texas court of appeals, then briefing and arguing appeals for the State of Texas and the United States.

If a conviction or sentence in your family was the product of legal error, an appeal or post-conviction writ may be the path to correcting it. The first step is an honest assessment of the record — including a candid answer when an appeal is not the right tool.

Four Paths to Challenge a Texas Conviction

  • 01 — Direct Appeal

    Review of the trial record by a Texas court of appeals for legal error — the first and most time-sensitive step after a conviction or sentence. The deadline runs from judgment — act now.

  • 02 — Petition for Discretionary Review

    Asks the Texas Court of Criminal Appeals — the state's highest criminal court — to review a court of appeals decision. The court chooses which cases it hears. Short window after the appellate decision.

  • 03 — 11.07 Habeas Writ

    Post-conviction relief for final felony convictions based on matters outside the trial record — such as ineffective assistance of counsel or newly discovered evidence. Timing affects federal options — don't wait.

  • 04 — Federal Habeas & Fifth Circuit

    Federal review of state and federal convictions — territory where Brent briefed and argued 80+ appeals and writs as a federal appellate prosecutor. Strict federal filing limits apply.

THE CREDENTIAL THAT COUNTS

Why Board Certification Matters in an Appeal

Any licensed lawyer can accept an appeal. Board certification is different: it is the formal recognition of demonstrated, evaluated experience in a specific field. Brent Chapell is Board Certified in Criminal Appellate Law by the Texas Board of Legal Specialization.

Before opening Chapell Law, Brent served as a briefing attorney at the Eleventh Court of Appeals of Texas, spent seven years at the Montgomery County District Attorney's Office — rising to Chief of the Appellate Division and handling more than 200 criminal appeals and habeas corpus writs — and then served as an Assistant United States Attorney in the Appellate Division of the U.S. Attorney's Office for the Southern District of Texas, where he handled more than 80 federal criminal appeals and writs before the Fifth Circuit, including oral arguments. Most recently he led the Public Integrity Division of the Harris County District Attorney's Office.

That career means he knows how the government builds and defends a conviction on appeal — because he did it. Now he uses that vantage point for the defense.

Brent Chapell · Attorney & Founder · Texas Bar No. 24087284 · Licensed 2013

[HEADSHOT — professional photo of Brent Chapell, pending] · [TBLS BOARD CERTIFIED® BADGE — Criminal Appellate Law, official file from MyTBLS]

Frequently Asked Questions

  • Every case is different, but a direct appeal typically takes months, not weeks: the court reporter prepares the record, both sides file briefs, and the court deliberates before ruling. Post-conviction writs run on their own timelines. In your free consultation, Brent can give you a realistic picture based on the specific court and issues involved.

  • Sometimes. A guilty plea limits — but does not always eliminate — the right to appeal, and the trial court's certification of the right to appeal matters. Even where a direct appeal is unavailable, post-conviction habeas relief may still be an option. This is a question that can only be answered by reviewing the specific case documents.

  • An application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure — the primary way to challenge a final felony conviction after the direct appeal, based on matters outside the trial record, such as ineffective assistance of counsel or newly discovered evidence. It is ultimately decided by the Texas Court of Criminal Appeals.

  • A PDR asks the Texas Court of Criminal Appeals — the state's highest court for criminal cases — to review a court of appeals decision. Review is discretionary: the court selects which cases to hear, so an effective petition must show why the case raises an issue important beyond its own facts.

  • A denial is not necessarily the end of the road. Depending on the stage, the options may include a motion for rehearing, a petition for discretionary review, a state habeas writ, or federal habeas review. Each has its own strict deadline, which is why next steps should be evaluated promptly after any adverse decision.

  • Usually a different lawyer than the one who tried the case. Appeals are a distinct discipline built on the record, briefing, and oral argument — first in the Texas courts of appeals, then the Court of Criminal Appeals. When comparing appellate lawyers, one credential is objective and verifiable: Board Certification in Criminal Appellate Law by the Texas Board of Legal Specialization.

The Deadline Is Already Running

Appellate deadlines are short, strict, and unforgiving — and they start the moment judgment is entered. If someone you love has been convicted, the most important step is finding out what options remain, and how much time is left to use them.

(713) 496-2221 · Free consultation · brent@chapell-law.com