Our Book

our-bookMcColl's book collects the winning cases

Arch McColl, Criminal Defense Lawyer, has a long history of collecting the many legal bases to overturn convictions on appeal, or through the habeas corpus process, based on his co-authoring Erisman's Reversible Error in Texas Criminal Cases, which also includes United States Supreme Court opinions that provide a legal precedent for overturning federal convictions as well as state convictions, because state courts are legally bound to follow U.S. Supreme Court cases.

McColl was hired by judges to draft opinions

McColl was honored by being selected out of law school to be a research attorney for the Texas Court of Criminal Appeals, during which he read the transcripts of many criminal trials, and processed and wrote drafts of judicial opinions for the court to publish, involving a variety of criminal law procedural and substantive issues. During the process, he conferred with judges on the court regarding the way they determined whether or not they should affirm or reverse a criminal conviction. That valuable insight into the judicial process informs McColl's judgment for the successful crafting of his applications for writs of habeas corpus.

How the process works – Part 1

he process of filing an application for writ of habeas corpus is to confer extensively with the client, family, friends, witnesses and potential witnesses; examine all relevant evidence; hire experts to examine evidence that was not examined or was examined inadequately; conduct polygraphs where appropriate (which are effective in supporting an application for writ of habeas corpus); and, analyze the applicability of all legal factors relevant to the particular ground or grounds on which basis the habeas application is founded. The combined time necessary for these many activities can be several months, because of the extremely important due diligence that must be conducted. As I tell clients, there is only "one bite at the apple," so the application must be perfectly done, and no stone left unturned.

How the process works – Part 2

After all that is done, counsel carefully drafts the application or petition with the appropriate affidavits and exhibits attached. Counsel then approaches, if appropriate, the trial lawyer, against whom a claim may have been asserted in the application for writ of habeas corpus as being ineffective, and try to persuade the trial lawyer to sign an affidavit admitting his ineffectiveness. Counsel then typically approaches the prosecutor before filing the application to determine if an agreement can be reached; and, if that is not possible, counsel files the application or petition for a writ of habeas corpus, and asks for a hearing.

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