Welcome
The Office of the State Prosecuting Attorney is the voice of the people of Texas before the Court of Criminal Appeals, the highest state court for appeals resulting from criminal cases. The duties of the office are set out by the Texas Legislature:
- The State Prosecuting Attorney represents the state in all proceedings before the Court of Criminal Appeals.
- The State Prosecuting Attorney may also represent the state in any stage of a criminal case before a state court of appeals if he considers it necessary for the interest of the state.
- The State Prosecuting Attorney may assist a district or a county attorney in representing the state before a court of appeals if requested to do so by the district or county attorney.
- The State Prosecuting Attorney may be assisted by a district or county attorney in representing the state before the Court of Criminal Appeals.
Although these duties can be stated succinctly, they actually encompass a broad range of responsibilities. The Office of the State Prosecuting Attorney submits written petitions and briefs to the Court of Criminal Appeals on the issues and cases of greatest importance to the jurisprudence of the state. In addition, the office attends all oral arguments before the Court and, upon request by the Court, presents oral argument for the State. The office also reviews all decisions issued by the Court of Criminal Appeals, as well as decisions on criminal law matters issued by the fourteen courts of appeals, and it advises local district and county attorneys and other criminal law practitioners on the current state of the law and the important issues pending before the Court.
New Rules! The Rules of Appellate Procedure regarding the filing of Petitions for Discretionary Review were changed after some publications went to press. These publications included earlier rule changes, but not the superseding changes. The superseding rule, effective September 1, 2011, requires that Petitions for Discretionary Review be filed in the Court of Criminal Appeals. Any Reply to a Petition for Discretionary Review must also be filed in the Court of Criminal Appeals.
68.3. Where to File Petition
- The petition and all copies of the petition must be filed with the clerk of the Court of Criminal Appeals.
- Petition Filed in Court of Appeals. If a petition is mistakenly filed in the court of appeals, the petition is deemed to have been filed the same day with the clerk of the Court of Criminal Appeals, and the court of appeals clerk must immediately send the petition to the clerk of the Court of Criminal Appeals.
68.9. Reply
The opposing party has 15 days after the timely filing of the petition in the Court of Criminal Appeals to file a reply to the petition with the clerk of the Court of Criminal Appeals.
