How to Start the Post-Conviction Relief Process in Texas
Guiding Families Through Hope and Legal Action
When someone you love is behind bars, it can feel like the system has closed its doors. But for many Texans, there are still available legal options to challenge a conviction or sentence - even years after the trial is over.
At Blizzard & Zimmerman Attorneys, our post conviction team helps families explore every possible path to justice through the Texas writ of habeas corpus, appeals, and other forms of post-conviction relief.
This page explains what to expect and how our intake process works when you reach out for help.
1. First Step: Reaching Out for Help
Most often, it’s a spouse, parent, or adult child who contacts us first.
You can reach our office by phone, text, or our online form to share basic details about your loved one’s case. When you contact us:
• We’ll ask for your loved one’s full name, date of birth, county of conviction, and where they’re incarcerated.
• We’ll also ask what you already know about the case - whether there was a trial, an appeal, or any prior writs filed.
• Our team will review your message on the same business day and schedule a risk-free case assessment with one of our post-conviction attorneys screening with our intake specialist.
You don’t have to know all the answers; that’s what we’re here for. The goal is to determine whether there’s a legal pathway to bring your loved one home.
2. Collecting Case Information
During your screening with our intake specialist, you will provide more details to help us build a clear picture of the case, including:
- Trial court and case number
- Type of conviction and sentence
- Any appellate or habeas history
- Prior defense attorneys involved
- Any available records that you possess (e.g. judgment, docket sheet, indictment, or transcripts)
If you don’t have documents yet, don’t worry - we’ll guide you on how to obtain them.
3. Attorney Review and Legal Evaluation
Once we have your intake information, you’ll schedule a consult call with one of our post conviction attorneys. During that call, you’ll discuss your loved one’s case, and the attorney will offer possible grounds for relief, such as:
- Ineffective assistance of counsel
- Newly discovered evidence
- Due process violations
- Prosecutorial or juror misconduct
- Other constitutional violations
4. Filing and Representation
During or following your consultation with the attorney, if you choose to proceed, we’ll:
- Gather and review all records from the trial, appeal, and prior attorneys
- Conduct necessary legal research
- Engage in additional fact finding if necessary
- Draft and file the appropriate writ of habeas corpus or motion
- Keep your family updated at every stage
- Communicate directly with your loved one through secure mail.
Our goal is always the same: to uncover the truth, fight procedural injustices, and seek a path toward retrial, sentence reduction, or release.
The time it takes to complete the post-conviction process in Texas depends heavily on the type of post-conviction remedy pursued (direct appeal of habeas writ) and other factors, including court schedules, and complexity of issues. On average, a direct appeal case lasts between 12 – 18 months from hire date to decision. Writs are similar, with a slightly longer estimated average of 1-2 years from hire date to court decision.
5. Clear Communication for Families
We know how stressful this process can be. You’ll always have a dedicated point of contact for updates.
You’re never left wondering what’s happening next.
6. What Happens After Filing
Once an 11.07 writ of habeas corpus application is filed:
- The convicting court reviews it first.
- The State has 30 days to file a response.
- The trial court may request more information via ordered affidavits or evidentiary hearing.
- The trial court will submit its Findings of Fact and Conclusions of Law which culminates in a recommendation to grant or deny habeas relief.
- Finally, the Texas Court of Criminal Appeals decides whether to grant relief.
Once a notice of appeal is filed:
• The clerk and reporter will receive due dates on which to submit their records to the intermediate court of appeals.
• Appellant will receive a briefing due date 30 days after the latest of the filed clerk’s or reporter’s record.
• Extensions may be filed, but Appellant’s brief will be filed on or before the briefing due date.
• The State has 30 days to file its Response.
• Appellant has 20 days to file a Reply (not required and not typically filed).
• Intermediate court will either order oral argument or set the case for submission on the briefs alone.
• Intermediate court will make its decision via written opinion.
• Appellant will have 30 days from opinion to file a Petition for Discretionary Review (PDR) to the Court of Criminal Appeals.
• If no PDR filed, mandate will issue, and conviction is final (only to be challenged via habeas writ).
• If a PDR is filed and refused, Appellant will have 90 days to file a petition for writ of certiorari to the Supreme Court of the United States.
• If petition for certiorari is denied, mandate will issue, and conviction is final (only to be challenged via habeas writ).
While these cases take time, each filing represents a concrete step toward justice.
7. Why Choose Blizzard & Zimmerman Attorneys
- Board-Certified Criminal Law & Criminal Appellate Specialist - Jacob Blizzard is one of few attorneys in Texas certified in both areas.
- Super Lawyers Rising Star - Sarah Durham has been honored by Super Lawyers as a Texas rising star as her practice focuses on navigating state and federal appeals habeas cases.
- Attorney Morgan Walker is passionate in her practice which focuses on post-conviction relief.
- A compassionate, family-focused approach - we treat every case as if it were our own loved one.
We’ve helped Texas famiies from Abilene to Houston, Dallas to El Paso, and across the state find renewed hope through post-conviction relief.
Start the Process Today
If you believe your loved one was wrongfully convicted, poorly represented, or denied a fair trial, don’t wait. Texas post-conviction deadlines can be complex, and every day matters.
Call us today to schedule a risk-free screening.
We’ll review your loved one's case, explain options, and help you take the first step toward freedom.