About Me

My photo
Civil appellate, criminal appellate, and criminal trial lawyer at 704 North Thompson Street, #157, Conroe, Texas 77301-2578, (936) 494-1393.

Saturday, March 1, 2014

Can Texas state criminal defendants appear without lawyers in appellate courts?

I have come to believe that Texas state criminal defendants have a state constitutional right to appeal pro se. Martinez v. Court of Appeal of Calif. 528 U.S. 152 (2000) says that there is no federal constitutional right to appeal pro se, but that a state constitution may create such a right. Article 1, section 10 of the Texas Constitution provides that a defendant may be heard by counsel or without. Its language does not distinguish between trial and appeal on this point.  In Ex parte Thomas, 906 S.W.2d 22, 24 (1995), among other cases,  the Texas Court of Criminal Appeals recognized a right to self-representation on appeal. Sickles v. State, 170 S.W.3d 298, 299 (Tex. App-- Waco 2006 pet. ref'd) finds a statutory right to self-representation on appeal in Vernon's Ann.Texas C.C.P. art. 1.051(f, g). The only Court of Appeal that joins Waco is El Paso-- Marion v. State, 936 S.W.2d 5, 6 (1996 no pet.). Four courts of appeal have held that no pro se right to appeal exists, and this is the majority view (See Chief Justice Gray's dissent in Sickles.): First Court of Appeals- Cormier v. State, 85 S.W.3d 496 (Houston 2002 no pet.), Sixth- Stafford v. State63 S.W.3d 502, 506 (Texarkana 2001 pet ref'd) (per curiam), Thirteenth- Crawford v. State, 136 S.W.3d 417 (Corpus Christi-Edinburg 2002) (on interlocutory motions), and the Fourteenth- Thomas v. State, 286 S.W.3d 109 (Houston 2009 pet. ref'd). Beaumont appears to have never ruled on such an issue. My conclusion is that the state constitution appears to support such a right; CCA has said there is one; El Paso recognizes one, and Waco has found a well reasoned statutory basis for one. The argument can be made that there is no such right because one could argue Thomas has been effectively overruled by Martinez and that the Courts of Appeal are lined up 4-2 against it, and that the Court of Criminal Appeals has consistently held that the state constitution does not provide any criminal defense rights in addition to federal rights.

4 comments:

  1. Nice post and helpful discussed to Law service, Cheers author for your impressive post and article
    criminal lawyers

    ReplyDelete
  2. If you are unfortunately charged with a criminal offence, contact a good Criminal Defense attorney Houston. Browse and view the top class lawyers of America.

    ReplyDelete
  3. Thank you for sharing the information.

    I would like to inform that I have recently foun a site named castellano legal who is providing the service of criminal law like traffic crime, drug crime, violent crime, white collar etc.
    Send Us Your Message

    ReplyDelete
  4. It has been some time since I visited website with such high quality information. Thank you so much for providing such helpful information. This is really informative and I will for sure refer my friends the same. Thanks
    New project instruction:
    1. Criminal Defense attorney Houston (keyword) http://www.monkslaw.com/index.php/criminal-defense-attorney-houston/

    ReplyDelete