POST-CONVICTION WRITS
Navigating the complexities of post-conviction writs.
Sometimes, new knowledge or insights arise that call into question the fairness of a verdict. When that happens, filing for a Post-Conviction Writ of Habeas Corpus provides an opportunity to re-examine the case in a new light — offering a path forward for those who may have been wrongfully convicted or denied due process.
Having served as a State District Judge, District Attorney and defense attorney, Susan Hawk has presided over and disposed of more than 25,000 felony cases. This diverse background and depth of experience gives her a unique ability to identify overlooked grounds for post-conviction writs. Susan Hawk meticulously reviews trial records to uncover errors, new evidence or extenuating factors that could significantly impact a case’s outcome.
Common reasons for filing a post-conviction writ include, but are not limited to:
Ineffective assistance of counsel before or during the trial
Newly discovered evidence that was not available at the time of trial or disposition of the case
Jurisdictional issues related to the conviction
Invalid or updated expert testimony that undermines prior evidence
Due process violations in limited circumstances
Evidence of prosecutorial misconduct
Actual innocence
Post-conviction writs offer a critical opportunity to address injustices and seek fair outcomes according to the law and evidence. If you believe you or a loved one may have grounds for a writ, Hawk Criminal Law is here to guide you through every step of the process with care, precision and dedication.
FAQs
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With founding partner Susan Hawk's 25+ years of experience handling intricate criminal cases, including her tenure as the Dallas County District Attorney and a State District Court Judge, she brings inside perspective and unmatched expertise to the table. But what truly sets Susan apart is her unwavering dedication to her clients' well-being and success. She is passionately dedicated to criminal justice reform and rehabilitation, and firmly advocates for fair outcomes while working tirelessly to break down the stigma surrounding mental health.
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A post-conviction writ of habeas corpus is a legal request to review a case based on new evidence or issues not raised during the trial or appeals process. Unlike appeals, writs do not focus solely on errors from the trial.
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No, Hawk Criminal Law focuses on issues disposed of at the trial court level.
Appeals challenge legal errors made during the trial or sentencing, such as the misapplication of law or improper jury instructions. Appeals are typically filed immediately after a verdict or trial court disposition. Appeals seek to have a higher court review the trial court’s decision.
Clemency requests are petitions for mercy or leniency directed to an executive authority (like a governor or president). Clemency may involve pardons, sentence reductions or reprieves, and is based on factors such as rehabilitation, humanitarian concerns or excessive punishment.
Post-conviction writs, by contrast, are filed after all appeals have been exhausted and the conviction is final. They focus on new grounds not previously considered, such as newly discovered evidence or constitutional violations.
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Navigating post-conviction writs can be daunting, but with the right legal expertise, you can secure the best possible outcome.
Hawk Criminal Law approaches these cases in two structured phases, ensuring a thorough and strategic process. Each phase has a separate fee, reflecting the level of work and analysis involved.
INVESTIGATION PHASE
Once retained, we meet with clients in person at their TDCJ unit within 2–4 weeks to establish a strong attorney-client relationship and set clear expectations. We provide monthly updates to families, ensuring open and transparent communication.
During this phase, we conduct a comprehensive review of all case records, including:
Trial documents, court transcripts, police reports and witness statements
The prosecution’s file and defense trial attorney’s materials (if available)
Interviews with key witnesses (when possible)
After this thorough investigation, we prepare an evaluation report assessing the likelihood of success if a writ is filed. The investigation fee is earned upon completion of this evaluation, and based on our findings, we will guide you on whether to proceed to the litigation phase.
LITIGATION PHASE
If the investigation supports pursuing relief, we transition to the litigation phase where we strategically assess the legal arguments that may challenge the constitutionality of your conviction. This involves:
Identifying legal grounds for challenging the conviction, such as ineffective assistance of counsel, newly discovered evidence, prosecutorial misconduct or due process violations
Consulting additional experts if necessary
Preparing and filing a compelling writ application with attached Memorandum of Law in the trial court conviction
A separate fee applies to this phase, which is considered on a case-by-case basis. The trial court may make its own findings of facts and conclusions of Law but does not have authority to grant relief. The Texas Court of Criminal Appeals has final say and is not bound by the trial court’s recommendation. The trial court may also request that the Texas Court of Criminal Appeals make its own findings if the record is unclear or disputed.
Beyond her legal acumen, Susan is committed to empathy and accessibility. She takes the time to address clients’ questions, offer clear guidance, and set realistic expectations about the process and its potential outcomes.
Let’s talk
If you or a loved one are facing felony or criminal charges, contact us today to arrange a complimentary consultation.