Vernon's Texas Rules Annotated - VTRA TX R MONTGOMERY CTY INDIG DEF Appointment by Phases Appointment By Litigation Phases

1. If requested by the defendant-appellant, counsel shall be appointed by the trial judge for a direct appeal to the Court of Appeals no later than the next working day after sentencing.

2. Unless the defendant specifically requests the appointment of trial counsel on appeal, the Court shall appoint an attorney other than the trial defense counsel on appeal.

3. Appellate counsel shall be appointed from the Public Appointment Lists using the rotation procedure set out above.

1. In a death penalty case, the appointment shall be effective through and including the filing of a Petition for Writ of Certiorari.

2. In non-death penalty cases, upon application from appellate counsel, the trial court has discretion to appoint counsel to file a Petition for Writ of Certiorari.

1. The procedures outlined above for appointment of appellate counsel shall apply to writs of habeas corpus.

2. The Court shall appoint a lawyer, other than the lawyer(s) that represented the Defendant at trial or on appeal, to represent the applicant in a writ of habeas corpus.

3. An appointment in a writ of habeas corpus shall be effective through and including a decision by the Court of Criminal Appeals.