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Reading is difficult. As a writer, I help the reader every way I can think of. As a reader, I work hard not to miss the big things in the middle of the road.

Thursday, September 15, 2011

Changes in the Rules that Apply in Texas's Court of Criminal Appeals

  • Effective September 1, 2011, all Petitions for Discretionary Review and all copies of the petition must be filed with the Clerk of the Court of Criminal Appeals. See TRAP Rule 68.3.

    Effective September 1, 2011, the opposing party has 15 days in which to file a reply to the petition with the Clerk of the Court of Criminal Appeals. See TRAP Rule 68.9.

    Effective September 1, 2011, the "Writ of Habeas Corpus Application Art. 11.07 form has been revised. The revised form can be found on the "Forms" link.

    See MISC DOCKET 11-004 [pdf] This rule supersedes Misc Docket 11-002
  • New  Effective June 30, 2011, the Procedures in Death Penalty Cases involving request for Stay of Execution and related filings in Texas State and Trial Courts and the Court of Criminal Appeals has been revised.

    See MISC DOCKET 11-003 [pdf]. This rule supersedes Misc Docket 08-101.
The death penalty stay rule should be called The Empire Strikes Back rule. See Presiding Judge Keller breathing heavily, mechanically, "Your powers are weak, David Dow. You can't win. Though you strike me down, I shall become more powerful than you could possibly imagine." The sanctions for counsel who ignore or fail to satisfactorily meet the rule include, but are not limited to referral to the Chief Disciplinary Counsel of the State Bar of Texas, contempt of court, removal from the list of  Tex. Code Crim. Proc. Art. 11.071 list of attorneys, restitution of costs incurred by the opposing party and any other sanction allowed by law (e.g. Texas Rule of  Civil Procedure  215.2).

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