Texas Court of Criminal Appeals

From Judgepedia

The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in Texas, whereas the Texas Supreme Court is the court of last resort for all civil matters in the state. Texas is one of just two states (the other being Oklahoma) that has two courts of last resort.

Jurisdiction

The Court of Criminal Appeals exercises discretionary review over criminal cases, which means that it may choose whether or not to review a case. The only cases that the Court must hear are those that involve sentencing decisions in capital punishment cases, and cases where bail has been denied. The court, which is based in the state capital Austin, includes nine judges. Article V of the Texas Constitution vests the judicial power of the state in the court, describes the Court's jurisdiction and sets rules for judicial eligibility, elections, and vacancies.

Case load

During the 2007 fiscal year, the court received 5,039 appeals in criminal cases, and in 1,532 of these cases, the Court of Criminal Appeals were asked to grant further review. The court granted review for 149 of these. The court has the sole authority to hear cases of habeas corpus to those convicted of felonies. In the same year, the court received 5,489 petitions and 62 death penalty habeas corpus petitions.^[1]

The court's judges

Judges of the Texas Court of Criminal Appeals

The Court is composed of a Presiding Judge and eight judges. Each judge serves a six-year term. They are elected in staggered partisan elections. The position of Presiding Judge is a separately designated elected seat from the others.

Selection of judges

The Governor, subject to Senate confirmation, may appoint a judge to serve out the remainder of any unexpired term until the next general election. Like the Texas Supreme Court, the Judges of the Court of Criminal Appeals are currently all Republican.

Qualifications

A qualified candidate is between 35 and 75 years of age, is a United States Citizen and a citizen of Texas, is licensed to practice law in the state, and must have practiced for at least ten years.^[2] Upon turning 75 years old, the judge may not serve more than another four years of their term.^[3]

Current judges

The current judges of the Court are:

Presiding Judge

Sharon Keller is the presiding judge of the Texas Court of Criminal Appeals. Justice Keller is a Republican. She was elected the first woman judge on the Texas Court of Criminal Appeals in 1994. In 2000, she was elected presiding judge and re-elected in 2006. She is chairman of the Texas Task Force on Indigent Defense. She serves on the Executive Board of the Capitol Area Council of the Boy Scouts of America.

History of the court

The Texas Constitution of 1876 alleviated the heavy civil caseload of the Supreme Court of Texas. Article V of the constitution established a three judge Court of Appeals to hear all appellate criminal cases. In 1891, Texas voters approved an amendment to keep the Supreme Court and established the Court of Civil Appeals. The Texas Court of Criminal Appeals was the state's highest criminal court, and its three judges were elected to six year terms. In 1978, a constitutional amendment increased the size of the Court of Criminal Appeals to nine judges.^[4]

External links

• Official Website for the Texas Court of Criminal Appeals
• Wikipedia: Texas Court of Criminal Appeals
• University of Texas: Timeline of Judiciary

References

The Texas Project on Judgepedia

Supreme Court Court of Criminal Appeals Court of Appeals Federal court of appeal

Federal eastern district for Texas Federal northern district for Texas Federal western district for Texas Federal southern district for Texas