What Happens After a Murder Conviction?
Sentencing day starts the clocks: the new-trial motion, the notice of appeal and the deadlines after them. Here’s how they run, and where habeas fits.
Mr. Heath Enix ‘Heath’ Hyde
Eligible to Practice in Texas
Attorney at Law
Bar Card Number: 00796807
TX License Date: 11/01/1996
Primary Practice Location: Dallas, Texas
Return to the Texas Murder Trial Defense Knowledge Hub
Short answer
Most deadlines run from the day the judge pronounces sentence, not from the verdict. The case isn’t over, because an appeal and habeas review may follow. Find out today who files each paper, and by when.
| What families may hear | What usually happens |
|---|---|
| “He’ll get a bond while he appeals.” | Not after a murder conviction |
| “The deadline runs from the verdict.” | Most run from sentencing in open court |
| “The appeal is a new trial.” | A review of the trial record for error |
| “New witnesses can go in the appeal.” | New facts need a new-trial motion or habeas |
What to do now: Ask trial counsel, in writing, who’s filing the notice of appeal and on what date. Keep the reply in a folder with the judgment.
What happens right after the verdict?
The jury says “guilty” at 2:20 p.m. The trial keeps going, because punishment still has to be decided.
The judge assesses punishment unless the defendant elected in writing, before jury selection, to have the jury do it (art. 37.07, §2(b)). Then the judge pronounces sentence in open court. That date controls most deadlines. Your loved one goes into custody at that point. The court also signs a written judgment that states the offense, the sentence and the date it was imposed. Get a copy.
| Bond question | Answer |
|---|---|
| During the appeal | Barred for murder: art. 44.04(b) covers offenses listed in art. 42A.054(a), including §19.02 |
| After a court of appeals reverses | Reasonable bail possible pending further review, art. 44.04(h) |
Which deadlines start at sentencing?
The Texas Rules of Appellate Procedure count these from the day sentence is imposed in open court. Missing one can cost an issue.
| Filing | Deadline | Rule |
|---|---|---|
| Motion for new trial | 30 days after sentencing | TRAP 21.4(a) |
| Presenting the motion | 10 days after filing, or up to 75 days from sentencing if the court allows | TRAP 21.6 |
| Ruling on the motion | Deemed denied without a written order by day 75 | TRAP 21.8 |
| Notice of appeal | 30 days, or 90 after a timely new-trial motion | TRAP 26.2(a) |
| Late notice of appeal | Extension possible if notice and motion are filed within 15 more days | TRAP 26.3 |
A deadline that lands on a Saturday, Sunday or legal holiday moves to the next day that isn’t one (TRAP 4.1(a)).
A sample timeline with illustrative dates:
- Friday, March 5: sentence pronounced
- Sunday, April 4: day 30 falls on a Sunday, so the new-trial motion is due Monday, April 5
- May 19: day 75
Counsel puts each date in writing anyway.
Who handles the appeal and the record?
Sometimes trial counsel calls to say the appointment ended when the judge read the sentence. Write down the date of that call and the exact words.
Get the new lawyer’s name in writing. If he qualifies as indigent, he’s entitled to appointed counsel for the appeal (art. 1.051(d)).
The appeal runs on the record. The court reviews the clerk’s record and, when needed, the reporter’s record (TRAP 34.1). An appellant who can’t pay can ask the trial court for a free record by motion and affidavit, within the time to perfect the appeal (TRAP 20.2). A motion for new trial can add evidence by affidavit or at a hearing (TRAP 21.7).
The judgment may also list a deadly-weapon finding. Ask counsel how that finding affects parole eligibility.
How do an appeal and habeas review differ?
A witness who never testified calls the family six months after trial. The appeal can’t use that call, because the appellate court sees only the trial record. Habeas review can reach facts like that.
| Feature | Direct appeal | Habeas (art. 11.07) |
|---|---|---|
| Reviews | Errors in the trial record | Claims needing new facts, such as counsel’s investigation |
| Starts | Notice of appeal after sentencing | After the conviction is final, in the convicting court |
| Decides | Court of appeals, then possible discretionary review | Court of Criminal Appeals (§§3, 5) |
| Next filing | PDR due 30 days after the judgment or a timely rehearing motion is overruled (TRAP 68.2(a)) | A later application faces strict limits (§4) |
Habeas may still be available after the appeal ends, for claims the record doesn’t show.
Say that eight months after trial, a neighbor tells the family she saw a second car leave the lot at 11:50 p.m. Nobody on the defense side ever interviewed her. That claim turns on facts outside the record, so it points toward habeas, not the appeal.
The route depends on the sentence. A prison term for murder goes to the court of appeals under TRAP 26.2, then to art. 11.07 habeas. Capital murder with life without parole takes the same route as other non-death felonies. A death sentence is different. That appeal goes straight to the Court of Criminal Appeals with no notice of appeal (TRAP 25.2(b), 71.1). Its habeas process runs under art. 11.071.
What can a family do this week?
Maybe the judgment came in a manila envelope nobody has opened. Maybe a cousin met a man at a gas station who says he saw the whole thing.
- A copy of the written judgment and the sentencing date
- The appeal lawyer’s name and phone number
- One folder for letters, notices and filing receipts
- New witness names, passed to counsel privately
For the bigger picture, read the punishment rules for a Texas murder conviction and how parole rules affect a murder sentence.
Frequently asked questions
Can my loved one get out on bond during the appeal?
Not while the appeal is pending. Art. 44.04(b) bars it after a murder conviction. If a court of appeals reverses, bail becomes possible.
Does filing an appeal mean a new trial?
The appellate court reviews the record for error. Even when it finds one, the error doesn’t always require reversal.
How long do we have to file a notice of appeal?
Usually 30 days from sentencing, or 90 days if a timely motion for new trial was filed. Ask counsel to confirm the exact date in writing.
Is there a deadline for a Texas habeas application?
Not in art. 11.07 itself. Federal habeas has a one-year limit with its own rules, and delay can also hurt a state claim, so don’t wait.
Talk with Heath Hyde
If your family is facing these deadlines, gather the judgment and any letters from counsel. Call Heath Hyde, P.C. at 903.439.0000 or request a free consultation. You’ll find more family guidance on the family resources page and in the Texas Murder Trial Defense Knowledge Hub.
Legal sources
- Tex. R. App. P. 4.1, 20.2, 21.4–21.8, 25.2, 26.2–26.3, 34.1, 68.2, 71.1
- Tex. Code Crim. Proc. art. 44.04
- Tex. Code Crim. Proc. art. 42A.054
- Tex. Code Crim. Proc. art. 37.07
- Tex. Code Crim. Proc. art. 1.051
- Tex. Code Crim. Proc. arts. 11.07, 11.071
- 28 U.S.C. §2244(d)
This article provides general educational information, not legal advice. Every case depends on its facts, evidence, court, deadlines and governing law. Past results do not guarantee a similar outcome.
