Partner

Jason Niehaus

Texas • Licensed 2010

J. Edward “Jason” Niehaus is a partner at BNJ Legal whose practice centers on civil appellate, criminal appellate, and white-collar defense work. He primarily practices in the Courts of Appeals of Texas and the U.S. Court of Appeals for the Fifth Circuit, and is admitted to practice before the Supreme Court of the United States.

Before joining the firm, Jason worked in solo practice and served as managing attorney of the Houston office of Farrell & Patel, a Miami-based mass-tort plaintiffs’ firm. A decorated moot court career launched his appellate practice, and he remains active in trial-level matters that benefit from a brief-writing-first approach.

Jason received his B.A. from the Honors College at the University of North Texas and his J.D. from the University of Miami School of Law, where a decorated moot court career as a member of the Moot Court Honors Society launched his enduring passion for appellate advocacy. He was selected to SuperLawyers Texas Rising Stars from 2017 through 2024 and to SuperLawyers Texas in 2025; his recognitions also include National Trial Lawyers Top 40 Under 40, Attorney & Practice Magazine’s Top 10 Criminal Law Attorneys (2019–2022), and America’s Top 100 Criminal Defense Attorneys, Texas (2018–2022).

Representative Matters

Watkins v. State, 619 S.W.3d 265 (Tex. Crim. App. 2021) — lead appellate counsel. The Texas Court of Criminal Appeals reversed the court of appeals and issued the leading construction of “material” under the Michael Morton Act, equating materiality with relevance and broadening prosecutors’ mandatory disclosure obligations.

Pearson v. State, No. 02-18-00360-CR (Tex. App.—Fort Worth 2020) — appellate counsel in a criminal appeal resulting in reversal and remand in the Second Court of Appeals, followed by discretionary-review proceedings in the Texas Court of Criminal Appeals (PD-0939-20).

Counsel of record in Supreme Court of Texas briefing addressing the statutory definition of “unborn child” and the interaction of penal, civil-practice, and health-and-safety statutes.

Author and co-author of amicus briefs for the Texas Court of Criminal Appeals and statewide criminal-defense organizations, including matters addressing custodial status, jail-conditions liability, and limits on appeal waivers.

Regular speaker and writer on Texas criminal discovery, including the impact of Watkins v. State and the Michael Morton Act’s expanded discovery regime on trial-court practice.

Past results do not guarantee or predict similar outcomes in future matters.