I can't think of any exceptions to the rule that you cannot get a writ of habeas corpus in a Texas state appellate court until you have first sought one in a Texas state trial court. Cf. Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967) (orig. proceeding). An appellate court does not have the capacity to make a trial record, so if you want habeas relief you have to start where a record can be made: your trial court. And remember the AEDPA clock is running from the time your trial judgment is final (not counting the times that appeals toll the finality of the judgment), and the total time you have for all your habeases is one year.
So don't start in the appellate court, bubele.
Texas lawyer Bob Mabry kept you up with legal writing and also with appeals courts, particularly Texas's Court of Criminal Appeals and Beaumont Texas's Ninth Court of Appeals.
About Me
- Bob Mabry
- Civil appellate, criminal appellate, and criminal trial lawyer at 704 North Thompson Street, #157, Conroe, Texas 77301-2578, (936) 494-1393.
Showing posts with label Courts of Appeals. Show all posts
Showing posts with label Courts of Appeals. Show all posts
Friday, April 27, 2012
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.
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