Pretrial Support, Trial Strategy And Appellate Representation

In many cases, an appeal may be necessary to obtain more favorable results for your client. Opportunities also exist to consult with an appellate attorney before final verdict is reached — or even for hearings leading up to the trial.

Sometimes, you can get before an appellate court apart from a final judgment. If your client lost a critical pre-trial hearing, be sure to consult with us about your options. You may find an interlocutory appeal, permissive appeal or mandamus proceeding most advantageous for your client.

At Harrell, Stoebner & Russell, P.C., located in Temple, we represent clients throughout Central Texas, including Waco and Austin. Justin Smith, our dedicated appellate law attorney, is capable of handling criminal and civil appeals before all the Texas Courts of Appeals, the Court of Criminal Appeals and the Texas Supreme Court. He has the skill and qualifications to assist trial lawyers and their clients with appellate strategy before, during or after trial.

Advocating For Your Client At All Stages Of Litigation

You need to think about the appeal from the start, not just after the verdict. With assistance from Mr. Smith, measures can be taken to anticipate legal issues and address them earlier in the litigation process. By implementing a more strategic and preventive approach, you can better position your client for success.

Pretrial Consulting And Representation

Some cases hinge on a trial court’s decision on a pre-trial motion. Therefore, it is critical that you treat these motions and their hearings with as much care as you would a trial. You need to make the right arguments supported by the right law, and Mr. Smith can help. He offers drafting, research and in-court support for:

• Civil cases:
  • Motions for summary judgment
  • Daubert/expert motions
  • Injunctions
  • Major discovery motions
  • All other dispositive motions
• Criminal cases:
  • Motions to suppress evidence
  • Speedy trial motions
  • Pre-trial Habeus Corpus
  • All other dispositive motions, such as those raising double jeopardy or statute of limitations defenses

Trial Strategy And Representation

All of your trial work may be useless if you do not preserve error or get evidence in the record. Often, in the heat of trial, you do not have time to worry about the niceties of procedure. Let Mr. Smith help you focus on the substance of the case while he focuses on the technicalities that can make or break you on appeal. Representation, including out-of-court research support and in-court consultation, encompasses:

• Preservation of error throughout the trial
• Preservation of error during voir dire
• Daubert/expert motions
• Jury charge preparation
• Preservation of error immediately after the jury returns a verdict

Post-Trial Representation

Preserving error does not end when the trial does. Rather, the immediate post-trial period is crucial to position your client properly for success on appeal. Let Mr. Smith handle:

• Post-trial motions, including:
  • Motions for new trial
  • Motions for judgment notwithstanding the verdict
  • Motions to disregard jury answers
  • Motions in arrest of judgment
  • Motions alleging ineffective assistance of counsel
• Requests for findings of fact and conclusions of law
• Post-trial hearings

Appellate Representation

To succeed on appeal, you need good research skills; persuasive writing skills; an ability to absorb, digest, synthesize and present vast amounts of material; and persuasive oral advocacy skills. Mr. Smith has these skills and can use them in offering representation for:

• Direct appeals after a final judgment
• Petitions for discretionary review
• Petitions for review
• Oral argument to an appellate court
• Interlocutory appeals
• Permissive appeals
• Mandamus and prohibition
• Appeals under the probate exception to the one final judgment rule
• Pretrial Habeus Corpus

As you can see from this list, sometimes your opportunity to get before the appellate court need not wait for a final judgment. If your client lost a critical pre-trial hearing, make sure you consult with Mr. Smith to see if your client can get a favorable appellate result now before spending more time and money at the trial court level.

Representative Cases*

• Riley v. State, 447 S.W.3d 918 (Tex. App.-Texarkana 2014, no pet.) -reversed and remanded for a new trial for jury charge error not objected to at trial
• Bosworth v. State, 422 S.W.3d 759 (Tex. App.-Texarkana 2013, pet. denied) – reversed and rendered, judgment of acquittal, on speedy trial grounds
• Reece v. State, No. 06-13-00082-CR, 2014 WL 1851322 (Tex. App.-Texarkana May 6, 2014, no pet.) (mem. op., not designated for publication) – reversed and remanded for a new trial for jury charge error not objected to at trial
• Warren v. Ulatoski, 03-15-00380-CV, 2016 WL 4269999, at *1 (Tex. App.—Austin Aug. 11, 2016, pet. denied)—reversed and rendered (child custody dispute)

Contact Us For Comprehensive Appellate Guidance

We are prepared to act as counsel and advocate at any stage of your client’s litigation. Call 254-935-3036 to arrange for a consultation or complete the online form and we will respond promptly.

*See Mr. Smith’s biography for a more comprehensive case list.