The attorneys at Nicholas & Barrera have over 60 years experience representing clients throughout Texas and the United States in the areas of :
Unless noted, not certified by the Texas Board of Legal Specialization. The information at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.


Appellate Practice

Appellate litigation encompasses its own special procedural law, and is starkly different than trial litigation from beginning to end of the court process.  While the trial process concentrates on persuasion of the trial judge or jury and preserving error for the event of failure, if the case is appealed an entirely new court with new judges and mostly different procedures has the power to determine the ultimate result in the case.

The most important aspect of appellate practice is persuasion, generally in an appellate brief.  An appellate judge reviews a case from an entirely different perspective than the trial judge or jury, and the appellate lawyer is well familiar with the kinds of arguments most likely y to achieve a favorable result.  If oral argument is called for, the appellate lawyer will bring the same experience to bear in emphasizing critical issues for the review of cases.

A “not guilty” verdict on all charges usually ends a criminal case.  The prosecution cannot appeal once a defendant has been acquitted.  A “guilty” verdict on some or all of the charges, however, does not necessarily mean that the case is over.  Defendants who believe that they have been wrongfully convicted of a crime in Texas have a number of options, including filing post-trial motions, pursuing an appeal, or obtaining a writ.  A defendant who loses at one stage may go on to the next step, all the way down the lists in a process that can take many years – especially for serious felonies and death penalty cases.

Nicholas & Barrera has years of experience handling a variety of post-verdict motions, appeals, and writs, including:

  • Motions for Acquittal
  • Motions for a New Trial
  • Appeals to Texas Appellate Courts
  • Petitions for Rehearing to Texas Appellate Courts
  • Texas Supreme Court Appeals
  • United States Supreme Court Appeals
  • Texas State Court Habeas Corpus Petitions
  • Federal Habeas Corpus Petitions

Nicholas & Barrera has an active trial practice before all state and federal trial and appellate courts.  The association’s depth of experience ensures that client rights are protected and their interests promoted throughout the appellate process.

Nicholas and Barrera is an association of individual practitioners.