Post Conviction Relief
Even after a criminal conviction, the story isn’t necessarily over. In Texas, post conviction relief offers a powerful set of legal tools that allow people to challenge their conviction or sentence - especially when something went wrong in the trial process.
Post conviction relief is not another “appeal,” but rather a legal process that happens after all direct appeals have been exhausted.
It focuses on issues that might not have been visible or raised earlier - like new evidence, ineffective assistance of counsel, or constitutional violations that affected the outcome of the case.
At Blizzard & Zimmerman Attorneys, we help individuals and their families navigate these complex legal pathways to correct injustices, uncover the truth, and in many cases, restore freedom.
Why Post-Conviction Relief Matters
Post-conviction relief gives those wrongfully convicted or unfairly sentenced a second chance at justice. In many Texas cases, this process has:
- Overturned wrongful convictions
- Reduced excessive sentences
- Exposed prosecutorial misconduct or judicial bias
- Secured new trials when critical rights were violated
Our attorneys led by Jacob Blizzard, Board Certified in both Criminal Law and Criminal Appellate Law along with post conviction attorney Sarah Durham have successfully freed clients who spent decades in prison due to legal errors or hidden misconduct.
Types of Post-Conviction Relief in Texas
Texas law allows for several specific forms of post-conviction relief, each designed to address a different kind of injustice. The most common include:
Writ of Habeas Corpus (Article 11.07)
The 11.07 writ of habeas corpus is the most recognized post conviction remedy for those serving a Texas state prison sentence. It allows an inmate to challenge their conviction based on issues such as:
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Judicial error or bias
- Newly discovered evidence of innocence
This writ is filed directly with the Texas Court of Criminal Appeals - the highest court for criminal cases in the state.
Newly Discovered Evidence
When new facts come to light - facts that were not known and could not have been discovered at the time of trial - they may form the basis for post conviction relief.
Examples include:
- DNA evidence proving innocence
- Recanted testimony by a key witness
- Previously hidden documents or reports from police or prosecutors
- New expert testimony discrediting outdated forensic methods
Under Texas law, newly discovered or newly available evidence must be material enough to likely change the outcome if a new trial were granted.
Once hired, our team investigates old files, interviews witnesses, and collaborates with forensic and investigative experts to uncover this kind of life-changing proof.
Due Process Violations
The U.S. and Texas Constitutions guarantee every defendant due process of law - the right to a fair, impartial, and lawful proceeding.
When that right is violated, a conviction may be invalid. Common examples include:
- Withheld evidence (Brady violations): Prosecutors failed to disclose favorable evidence to the defense.
- Judicial misconduct or bias: A judge had conflicts of interest or improper communications (as seen in cases Blizzard & Zimmerman have fought).
- Improper jury influence: Jurors exposed to outside information or prejudiced behavior during trial.
- Prosecutorial misconduct: Misleading arguments, false testimony, or manipulation of evidence.
- Violation of right to counsel: Inadequate defense or lack of legal representation at a critical stage.
Due process violations cut to the heart of the justice system - and when they occur, Texas law allows post-conviction courts to reverse convictions, grant new trials, or reduce sentences.
Ineffective Assistance of Counsel
Every defendant has the constitutional right to competent legal representation. If a trial lawyer or appellate attorney failed to:
- Investigate witnesses or evidence,
- Object to improper procedures,
- File key motions, or
- Communicate plea offers,
it may constitute ineffective assistance of counsel - one of the strongest grounds (and one of the most successful grounds we've found) for post-conviction relief.
Our attorneys review the entire record to expose such failures and demonstrate how better representation could have changed the outcome.
Prosecutorial Misconduct
When prosecutors cross ethical or legal boundaries, innocent people pay the price. Misconduct can include:
- Hiding exculpatory evidence
- Presenting false or misleading testimony
- Improperly coaching witnesses
- Making prejudicial arguments before the jury
In recent Texas history, Blizzard & Zimmerman’s investigations helped expose one of the most egregious judicial misconduct scandals in Midland County, Texas which resulted in freedom for a man imprisoned for 19 years.
How We Help at Blizzard & Zimmerman Attorneys
Once retained as your post conviction counsel, our team investigates every detail of your case - from trial transcripts to hidden evidence - to identify the strongest path toward relief. We handle all stages of the process, including:
- Reviewing your trial record and appeal history
- Potentially gathering new evidence or witness statements
- Drafting and filing detailed habeas corpus petitions
- Arguing for post conviction relief at the Texas Court of Criminal Appeals
We understand the emotional toll this process takes on families. We communicate clearly, act decisively, and fight relentlessly for justice - because every person deserves a fair trial and a chance at freedom.
Ready to Seek Relief?
If you or your loved one has been convicted in Texas and you believe something went wrong, now is the time to act. Post-conviction relief deadlines and eligibility rules are complex - and waiting too long can close important doors.
Contact Blizzard & Zimmerman Attorneys today for a risk-free assessment of your case. Our experienced post conviction team will review your options and help you determine the best path forward toward justice and freedom.
