Although not required to do so by the U.S. Constitution, Texas provides everyone convicted of a crime with the right to a "direct appeal" as a matter of right.

As with many other things in the criminal law, if someone convicted of a crime wants to appeal but cannot afford an attorney, an attorney is appointed to represent them.

Unlike habeas corpus proceedings, a direct appeal is limited to errors that appear in the record of trial. As an example, suppose a defendant stands accused of a crime which is known to have occurred on a specific date. The defendant tells his lawyer that he was in Chicago for a month before and after that date. To back up his alibi, he provides the lawyer with the names of 10 witnesses who can verify his presence in Chicago during that period. If the lawyer fails to interview the witnesses and/or doesn't call them to testify at trial and the defendant is convicted, the record of trial will demonstrate that the 10 witnesses did not testify. Why they didn't testify probably will not appear in the record. If it does, the lawyer's deficient performance could be a ground raised on direct appeal. If it does not appear in the record, then it can only be raised in a habeas corpus proceeding subsequent to the direct appeal, if the appeal is not successful on other grounds.