Texas Code of Criminal Procedure - Article 11.07. Procedure After Conviction Without Death Penalty

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Art. 11.07. [119] [167] [157] PROCEDURE AFTER CONVICTION 
WITHOUT DEATH PENALTY.  Sec. 1. This article establishes the 
procedures for an application for writ of habeas corpus in which the 
applicant seeks relief from a felony judgment imposing a penalty 
other than death.
	Sec. 2. After indictment found in any felony case, other than 
a case in which the death penalty is imposed, and before conviction, 
the writ must be made returnable in the county where the offense has 
been committed.
	Sec. 3. (a) After final conviction in any felony case, the 
writ must be made returnable to the Court of Criminal Appeals of 
Texas at Austin, Texas.
	(b)  An application for writ of habeas corpus filed after 
final conviction in a felony case, other than a case in which the 
death penalty is imposed, must be filed with the clerk of the court 
in which the conviction being challenged was obtained, and the 
clerk shall assign the application to that court. When the 
application is received by that court, a writ of habeas corpus, 
returnable to the Court of Criminal Appeals, shall issue by 
operation of law.  The clerk of that court shall make appropriate 
notation thereof, assign to the case a file number (ancillary to 
that of the conviction being challenged), and forward a copy of the 
application by certified mail, return receipt requested, or by 
personal service to the attorney representing the state in that 
court, who shall answer the application not later than the 15th day 
after the date the copy of the application is received.  Matters 
alleged in the application not admitted by the state are deemed 
denied.
	(c)  Within 20 days of the expiration of the time in which the 
state is allowed to answer, it shall be the duty of the convicting 
court to decide whether there are controverted, previously 
unresolved facts material to the legality of the applicant's 
confinement.  Confinement means confinement for any offense or any 
collateral consequence resulting from the conviction that is the 
basis of the instant habeas corpus.  If the convicting court decides 
that there are no such issues, the clerk shall immediately transmit 
to the Court of Criminal Appeals a copy of the application , any 
answers filed, and a certificate reciting the date upon which that 
finding was made.  Failure of the court to act within the allowed 20 
days shall constitute such a finding.
	(d)  If the convicting court decides that there are 
controverted, previously unresolved facts which are material to the 
legality of the applicant's confinement, it shall enter an order 
within 20 days of the expiration of the time allowed for the state 
to reply, designating the issues of fact to be resolved.  To resolve 
those issues the court may order affidavits, depositions, 
interrogatories, and hearings, as well as using personal 
recollection.  Also, the convicting court may appoint an attorney 
or a magistrate to hold a hearing and make findings of fact.  An 
attorney so appointed shall be compensated as provided in Article 
26.05 of this code.  It shall be the duty of the reporter who is 
designated to transcribe a hearing held pursuant to this article to 
prepare a transcript within 15 days of its conclusion.  After the 
convicting court makes findings of fact or approves the findings of 
the person designated to make them, the clerk of the convicting 
court shall immediately transmit to the Court of Criminal Appeals, 
under one cover, the application, any answers filed, any motions 
filed, transcripts of all depositions and hearings, any affidavits, 
and any other matters such as official records used by the court in 
resolving issues of fact.
	Sec. 4. (a) If a subsequent application for writ of habeas 
corpus is filed after final disposition of an initial application 
challenging the same conviction, a court may not consider the 
merits of or grant relief based on the subsequent application 
unless the application contains sufficient specific facts 
establishing that:
	(1)  the current claims and issues have not been and could 
not have been presented previously in an original application or in 
a previously considered application filed under this article 
because the factual or legal basis for the claim was unavailable on 
the date the applicant filed the previous application;  or
	(2)  by a preponderance of the evidence, but for a violation 
of the United States Constitution no rational juror could have 
found the applicant guilty beyond a reasonable doubt.
	(b)  For purposes of Subsection (a)(1), a legal basis of a 
claim is unavailable on or before a date described by Subsection 
(a)(1) if the legal basis was not recognized by and could not have 
been reasonably formulated from a final decision of the United 
States Supreme Court, a court of appeals of the United States, or a 
court of appellate jurisdiction of this state on or before that 
date.
	(c)  For purposes of Subsection (a)(1), a factual basis of a 
claim is unavailable on or before a date described by Subsection 
(a)(1) if the factual basis was not ascertainable through the 
exercise of reasonable diligence on or before that date.
	Sec. 5. The Court of Criminal Appeals may deny relief upon the 
findings and conclusions of the hearing judge without docketing the 
cause, or may direct that the cause be docketed and heard as though 
originally presented to said court or as an appeal.  Upon reviewing 
the record the court shall enter its judgment remanding the 
applicant to custody or ordering his release, as the law and facts 
may justify.  The mandate of the court shall issue to the court 
issuing the writ, as in other criminal cases.  After conviction the 
procedure outlined in this Act shall be exclusive and any other 
proceeding shall be void and of no force and effect in discharging 
the prisoner.
	Sec. 6. Upon any hearing by a district judge by virtue of this 
Act, the attorney for applicant, and the state, shall be given at 
least seven full days' notice before such hearing is held.
	Sec. 7. When the attorney for the state files an answer, 
motion, or other pleading relating to an application for a writ of 
habeas corpus or the court issues an order relating to an 
application for a writ of habeas corpus, the clerk of the court 
shall mail or deliver to the applicant a copy of the answer, motion, 
pleading, or order.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1967, 60th Leg., p. 1734, ch. 659, Sec. 7, eff. Aug. 
28, 1967;  Acts 1973, 63rd Leg., p. 1271, ch. 465, Sec. 2, eff. June 
14, 1973;  Acts 1977, 65th Leg., p. 1974, ch. 789, Sec. 1, eff. Aug. 
29, 1977;  Acts 1979, 66th Leg., p. 1017, ch. 451, Sec. 1, eff. Sept. 
1, 1979;  Acts 1995, 74th Leg., ch. 319, Sec. 5, eff. Sept. 1, 1995;  
Acts 1999, 76th Leg., ch. 580, Sec. 2, eff. Sept. 1, 1999.

Last modified: August 10, 2007