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When Justice Defers to Itself: The Numbers Behind Texas’ Broken Standard of Review

đź“Š When Justice Defers to Itself: The Numbers Behind Texas’ Broken Standard of Review In our last post, we exposed how Texas courts hide behind the phrase “in the light most favorable to the verdict.” It sounds like due process, but it’s really a policy of self-preservation — a way to defend convictions instead of defending the truth. Now, let’s look at the numbers that prove it. ⚖️ The Data Doesn’t Lie — Even When Courts Do According to data compiled by the National Registry of Exonerations (as of 2025), Texas has recorded over 450 exonerations since 1989 — the most of any state in the country. More than 70% of those wrongful convictions were based on witness misidentification or false testimony . And yet, nearly all of them were upheld on appeal before new evidence finally forced the courts to act. The Texas Court of Criminal Appeals routinely applies the sufficiency standard established in Jackson v. Virginia (443 U.S. 307, 1979) — but the Texas interpretation goes f...
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Appellate Review Process: Understanding the Path to Challenging Convictions

**Topic: Overview of Appealing Convictions**


**Applicable Law: Texas Rules of Appellate Procedure**





Appealing convictions is a critical step in seeking justice for individuals like Mr. Bobby Buckner who have been wrongfully convicted. Understanding the appellate review process under the Texas Rules of Appellate Procedure is essential in navigating legal avenues for challenging convictions.


**Purpose of Appellate Review**


Appellate review provides a mechanism for parties dissatisfied with trial court decisions to seek review by a higher court. This process focuses on legal errors or irregularities that may have affected the outcome of the trial.


**Key Elements of the Appellate Process**


The appellate review process in Texas involves several key elements:


1. **Notice of Appeal**: Parties must file a notice of appeal within specified timelines following the entry of a final judgment.


2. **Record Preparation**: The record from the trial court, including transcripts, exhibits, and court filings, is compiled and submitted to the appellate court for review.


3. **Briefing**: Appellants and appellees submit written briefs outlining their legal arguments and supporting authorities.


4. **Oral Argument**: In some cases, parties may present oral arguments before the appellate court to further support their positions.


**Grounds for Appeal**


Common grounds for appealing convictions include:


- Errors in jury instructions or legal interpretations by the trial court.

- Evidentiary issues, such as the admission or exclusion of crucial evidence.

- Constitutional violations or procedural errors that affected the fairness of the trial.


**Standard of Review**


Appellate courts apply different standards of review depending on the nature of the issue being appealed. Some issues are reviewed de novo (anew), while others are reviewed for abuse of discretion or legal error.


**Potential Outcomes of Appellate Review**


The appellate court may affirm, reverse, or modify the trial court's decision based on its review of the record and legal arguments presented. Successful appeals can result in the overturning of convictions, new trials, or other legal remedies.


**Conclusion**


For individuals like Mr. Bobby Buckner, the appellate review process offers a vital opportunity to challenge wrongful convictions and seek remedies for legal errors. By understanding the procedural requirements and legal principles governing appellate review in Texas, individuals can effectively advocate for justice and accountability within the criminal justice system.


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This article provides an overview of the appellate review process under the Texas Rules of Appellate Procedure, emphasizing its importance in challenging convictions and seeking remedies for legal errors in cases of wrongful conviction, such as that of Mr. Bobby Buckner.

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