What is the standard for appellate review of a criminal conviction?

The standard for appellate review of a criminal conviction in Texas is whether the lower court applied the law properly, properly handled the evidence, and made findings of fact that are supported by the record. Generally, an appellate court will not re-weigh the evidence presented at trial. Instead, the court will determine whether or not the trial court judge made errors in the application of the law or admitted enough evidence to support the verdict. For an appellate court to overturn a criminal conviction, the evidence presented must be so overwhelming in favor of the defendant that it would effectively require reversing the trial court’s decision. An appeals court will not overturn a criminal conviction due to its own disagreement with the jury verdict. If an appellate court determines that an error was made in the trial court proceedings, it may order a new trial or even overturn the conviction. However, the standard of review is generally deferential to the trial court and the defendant must present a strong case to prove that an error was made and that the verdict should be changed.

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What is the standard for appellate review of a criminal conviction?

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