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.  

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.

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.