Significant Appeals

Mark Stevens – San Antonio Criminal Defense Lawyer

  If you did not get the result you wanted in the trial court, you may need to take your case to another court, either by way of direct appeal, or writ of habeas corpus.  Mark Stevens has handled many appeals and writs of habeas corpus, in the Texas Courts of Appeals, the Texas Court of Criminal Appeals, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court.  More than a hundred of his appeals have resulted in published opinions.  Some of the more significant opinions can be read below:

DeFreece v. State, 848 S.W. 2d 150 (Tex. Crim. App. 1993)(the leading case applying Ake v. Oklahoma in Texas)

Ex parte Castellano, 863 S.W. 2d 476 (Tex. Crim. App. 1993)(granting habeas corpus relief and reversing conviction for arson because of perjury by state’s witness)

Bauder v. State, 921 S.W. 2d 696 (Tex. Crim. App. 1996)(reversing conviction because prosecutor recklessly caused a mistrial, in violation of the Texas Constitution)

Wheeler v. State, 659 S.W. 2d 381 (Tex. Crim. App. 1982)(reversing conviction for possession of marijuana because search of greenhouse violated defendant’s reasonable expectation of privacy under the Fourth Amendment)

Meeks v. State, 692 S.W. 2d 504 (Tex. Crim. App. 1985)(reversing conviction for possession of marijuana because search of automobile was illegal under the Fourth Amendment)

Birch v. State, 948 S.W. 2d 880 (Tex. App.–San Antonio 1997, no pet.)(reversing conviction for unlawfully carrying handgun because trial court did not instruct on the traveling defense)

DeVaughn v. State, 749 S.W. 2d 62 (Tex. Crim. App. 1988)(reversing conviction for burglary because trial court did not quash indictment)

Green v. State, 764 S.W. 2d 242 (Tex. Crim. App. 1989)(capital conviction and death sentence reversed and new trial ordered because trial court improperly excused a juror)

Loserth v. State, 985 S.W. 2d 536 (Tex. App.- San Antonio 1999, pet. ref)(murder case reversed and new trial ordered because police employed improper identification procedures;  case subsequently dismissed)

Jefferson v. State, 783 S.W. 2d 816 (Tex. App.-San Antonio 1990, pet. ref’d)(murder conviction reversed and new trial ordered because trial court improperly admitted defendant’s confession)

Johnson v. State, 693 S.W. 2d 707 (Tex. App.-San Antonio 1985), pet. ref’d, 710 S.W. 2d 599 (Tex. Crim. App. 1986)(conviction for involuntary manslaughter reversed and new trial ordered because of improper argument by prosecution)

Moncivalles v. State, 733 S.W. 2d 601 (Tex. App.-San Antonio 1987), pet. ref’d, 758 S.W. 2d 286 (Tex. Crim. App. 1988)(conviction for delivery of heroin reversed because of insufficient evidence)

Murphy v. State, 44 S.W. 3d 656 (Tex. App.-Austin 2001, no pet.)(felony DWI conviction reversed and remanded for new trial where trial court erred by defining "normal use")

Allen v. State, 686 S.W. 2d 685 (Tex. App.-San Antonio 1985, no pet.)(theft conviction reversed because of insufficient evidence)

Brown v. State, 974 S.W. 2d 289 (Tex. App.-San Antonio 1998, pet. ref’d)(murder conviction and 20 year sentenced reversed and new trial ordered because trial counsel was inadequate)

Chafin v. State, 95 S.W. 3d 549 (Tex. App.-Austin 2002, no pet.)(conviction for indecency with a child reversed and new trial ordered because trial court lacked jurisdiction)

Crawford v. State, 741 S.W. 2d 452 (Tex. Crim. App. 1987)(delay in appointing counsel until after time to designate record denied defendant effective assistance of trial counsel)

Ex parte McFarland, 2003 WL 2168599 (Tex. App.-San Antonio 2003, no pet.)(bail in capital murder case reduced from $500,000 50 $250,000)

Pimentel v. State, 710 S.W. 2d 764 (Tex. App.- San Antonio 1986, pet. ref’d)(murder conviction reversed and cause remanded for new trial because prosecutor made improper final argument)

Rivera v. State, 12 S.W. 3d 572 (Tex. App.-San Antonio 2000, no pet.)(murder conviction reversed and case remanded for new sentencing trial because trial court erroneously excused a juror at the punishment phase)

Smith v. State, No. 71,010 (Tex. Crim. App. Dec. 4, 1991)(capital murder conviction reversed and remanded because of error during jury selection)

Greene v. State, 928 S.W. 2d 119 (Tex. App.-San Antonio 1996)(attempted murder conviction reversed and remanded for new trial where trial counsel was found to have rendered constitutionally inadequate representation)

Montez v. State, 824 S.W. 2d 308 (Tex. App.-San Antonio 1992)(drug conviction reversed and remanded for new trial where trial counsel was shown to have rendered constitutionally inadequate representation)