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If you are complaining about a criminal conviction, you must file a petition for discretionary review to seek review in the Court of Criminal Appeals of Texas. The easiest way to know if your case is regarded as civil or criminal is to look at the cover page of the opinion in the court of appeals.
In an ?abuse of discretion? standard of review, the court of appeals gives an extremely high degree of deference to the decision made by the trial court judge and should reverse the trial court judge only if the trial court judge made his/her decision in complete disregard for the applicable law.
Appeals can be either discretionary or of right. An appeal of right is one that the higher court must hear, if the losing party demands it, while a discretionary appeal is one that the higher court may, but does not have to, consider.
Article 1 - BILL OF RIGHTS Section 14 - DOUBLE JEOPARDY No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.
Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted.
In a Texas appeal, the ?standard of review? is the standard by which the trial court's decision is reviewed. ?De novo? and ?abuse of discretion? are examples of standards of review.