What is the highest court for criminal cases in texas?

What is Texas' court structure?

State Courts

Texas' court system has three levels: trial, appellate, and supreme.

Trial: The trial level, or local, courts are the most numerous, consisting of over 450 state district courts, over 500 county courts, over 800 Justice of the Peace courts, and over 900 municipal courts. These courts handle the vast majority of legal matters in Texas. For more information about Texas trial courts, see here.

Appellate: Most cases start out at the trial level, and most end there as well. However, if a party is unhappy with the outcome of their case, they can appeal it to one of the 14 state appellate courts. The appellate court will review the trial court's work and decide whether to consider the appeal. If a party is unhappy with the outcome of the appellate case, they can appeal it further up to the one of the courts of last resort.

Supreme: Unlike most states, Texas has two courts of last resort, also called supreme courts. Like the appellate courts, these courts consider cases that are appealed from the lower courts. They also hear cases appealed from the federal Fifth Circuit courts. The Texas Supreme Court hears civil appeals, while the Texas Court of Criminal Appeals hears criminal cases, including death penalty appeals.

Federal Courts

Trial: There are four federal district courts in Texas. They consist of the United States District Courts for the Northern District of Texas, the Eastern District of Texas, the Southern District of Texas, and the Western District of Texas.

Appellate: Texas is part of the Fifth Circuit Court of Appeals, which hears all appeals from these federal district courts.

Supreme: Appeals from decisions rendered by the Fifth Circuit Court of Appeals go to the U.S. Supreme Court or, in some circumstances, the Texas Supreme Court or Texas Court of Criminal Appeals.

What is the highest court for criminal cases in texas?

The Texas Constitution establishes the Texas Supreme Court as the highest state appellate court for civil matters, and the Court of Criminal Appeals as the highest state appellate court for criminal matters. Each court is comprised of 9 justices or judges. Both courts are located in Austin, Texas.

Unlike every other state except Oklahoma, Texas divides its highest court into two entities. While the Texas Supreme Court resolves appeals of civil matters, the Texas Court of Criminal Appeals resolves appeals of criminal cases. The Texas Supreme Court dates from 1836, when Texas was an independent republic that had not yet joined the U.S. In addition to holding mandatory jurisdiction over writs of habeas corpus and mandamus, it handles matters involving discipline in the legal profession and answers questions related to Texas law that have been certified from a federal appellate court.

The Supreme Court has discretionary jurisdiction over appeals of other cases. It generally focuses on cases that raise questions regarding a significant legal issue. Meanwhile, the Court of Criminal Appeals has discretionary jurisdiction over all criminal cases except those that involve a death sentence or other issues that affect the liberty of a defendant, which it must review.

To serve on the Supreme Court or the Court of Criminal Appeals, a candidate must be a resident of Texas and licensed to practice law in the state. They also must be a U.S. citizen between the ages of 35 and 74, and they must have served as an attorney or a judge for at least 10 years. Nine justices serve on each court, although no justice represents a specific judicial district. Texas uses partisan elections to elect its justices, each of whom serves a six-year term. In a partisan election, the party affiliation of the candidate appears on the ballot.

If a vacancy arises, the Governor of Texas will appoint a replacement justice to serve until the next general election. The Texas Senate must confirm the appointment if it is in session. The Chief Justice of the Supreme Court and the Presiding Judge of the Court of Criminal Appeals run for those specific positions in the general election.

Henry v. Sullivan (Per Curiam)  
Date: October 7, 2022
Docket Number: 21-0032

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court and court of appeals holding that the law grants authority to decide whether a statutory probate court judge receives a supplemental salary for serving as the…

Three Aces Towing, Inc. v. Landrum (Per Curiam)  
Date: September 23, 2022
Docket Number: 21-0652

Justia Opinion Summary: In this good Samaritan case, the Supreme Court reversed the judgment of the court of appeals reversing in part the order of the trial court granting summary judgment in favor of Defendant in this wrongful death and…

In re Ayad (Per Curiam)  
Date: September 23, 2022
Docket Number: 22-0078

Justia Opinion Summary: The Supreme Court conditionally granted relief in this mandamus proceeding concerning a premarital agreement to resolve disputes by binding arbitration under religious law, holding that the trial court erred by ordering…

Leach v. City of Tyler (Per Curiam)  
Date: September 16, 2022
Docket Number: 21-0606

Justia Opinion Summary: The Supreme Court reversed the order of the trial court granting summary judgment in favor of the City of Tyler and dismissing this personal injury action arising under the Texas Tort Claims Act on the grounds that the…

Memorial Hermann Health System v. Gomez (Corrected)  
Date: September 9, 2022
Docket Number: 19-0872

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court for a pioneering cardiovascular surgeon in this dispute between the surgeon and the hospital where he formerly…

In re Self (Per Curiam)  
Date: August 26, 2022
Docket Number: 22-0658

Justia Opinion Summary: The Supreme Court denied an emergency mandamus action sought by Republican Party candidates in the November 2022 general election to remove their Libertarian Party opponents for failure to pay a statutory filing fee,…

Miles v. Texas Central Railroad & Infrastructure, Inc. (Opinion)  
Date: June 24, 2022
Docket Number: 20-0393

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals reversing the ruling of the trial court that two private entities behind a high-speed rail between Houston and Dallas did not qualify as either railroad…

In re Breviloba, LLC (Per Curiam)  
Date: June 24, 2022
Docket Number: 21-0541

Justia Opinion Summary: In this eminent domain case brought in a county court at law the Supreme Court held that the county court correctly concluded that counterclaims challenging the authority to condemn and seek damages in excess of the…