How do I file a petition for rehearing on an appeal?
If you have an appeal before the Court of Criminal Appeals in Texas and believe that a mistake was made, you may file a petition for rehearing. To do so, you should first file a motion for rehearing in the trial court. This motion must describe the grounds on which the rehearing is based. If this motion is granted, then you may file a petition for rehearing in the Court of Criminal Appeals. To file a petition for rehearing, you must submit a petition for rehearing to the court within fifteen days of the date of the court’s decision. In this petition, you should state the errors of law alleged to have been made and the facts on which they are based. The court will then consider the petition for rehearing and decide whether to grant it. If the Court of Criminal Appeals grants your petition for rehearing, then it will set a hearing date, and you will have the opportunity to present your petition and argument to the court. If the petition is denied, then you can still appeal the decision to the Texas Supreme Court. Filing a petition for rehearing in the Court of Criminal Appeals is a complicated process, and it is best to seek assistance from a lawyer who specializes in criminal appeals. An experienced lawyer can work with you to ensure that your petition is properly filed and that any errors of law alleged in the petition are fully addressed.
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