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State Law
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Texas Code of Criminal Procedure - Chapter 11 Habeas CorpusLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 11 Habeas Corpus The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. It is an order issued by ... The writ runs in the name of "The State of Texas". It is addressed to a person having another under restraint, or in his custody, ... The writ of habeas corpus is not invalid, nor shall it be disobeyed for any want of form, if it substantially appear that it is ... Every provision relating to the writ of habeas corpus shall be most favorably construed in order to give effect to the remedy, and protect the ... The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas ... Notwithstanding any other law, a clerk of a court may not require a filing fee from an individual who files an application or petition for ... Before indictment found, the writ may be made returnable to any county in the State. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, ... 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 ... Application to Death Penalty Case Sec. 1. Notwithstanding any other provision of this chapter, this article establishes the procedures for an application for a ... Sec. 1. This article establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the ... If a person is confined after indictment on a charge of felony, he may apply to the judge of the court in which he is ... If a person is confined on a charge of misdemeanor, he may apply to the county judge of the county in which the misdemeanor is ... When motion has been made to a judge under the circumstances set forth in the two preceding Articles, he shall appoint a time when he ... The time so appointed shall be the earliest day which the judge can devote to hearing the cause of the applicant. Acts 1965, 59th Leg., ... Either the party for whose relief the writ is intended, or any person for him, may present a petition to the proper authority for the ... The word applicant, as used in this Chapter, refers to the person for whose relief the writ is asked, though the petition may be signed ... The petition must state substantially: 1. That the person for whose benefit the application is made is illegally restrained in his liberty, and by whom, ... The writ of habeas corpus shall be granted without delay by the judge or court receiving the petition, unless it be manifest from the petition ... A judge of the district or county court who has knowledge that any person is illegally confined or restrained in his liberty within his district ... Whenever it appears by satisfactory evidence to any judge authorized to issue such writ that any one is held in illegal confinement or custody, and ... Where it appears by the proof offered, under circumstances mentioned in the preceding Article, that the person charged with having illegal custody of the prisoner ... The officer charged with the execution of the warrant shall bring the persons therein mentioned before the judge or court issuing the same, who shall ... The same power may be exercised by the officer executing the warrant in cases arising under the foregoing Articles as is exercised in the execution ... The words "confined", "imprisoned", "in custody", "confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention of a person, but likewise to any ... By "restraint" is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him ... The writ of habeas corpus is intended to be applicable to all such cases of confinement and restraint, where there is no lawful right in ... Where a person has been committed to custody for failing to enter into bond, he is entitled to the writ of habeas corpus, if it ... When a judge or court authorized to grant writs of habeas corpus shall be satisfied, upon investigation, that a person in legal custody is afflicted ... The service of the writ may be made by any person competent to testify. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. ... The writ may be served by delivering a copy of the original to the person who is charged with having the party under restraint or ... The return of a writ of habeas corpus, under the provisions of the preceding Article, if made by any person other than an officer, shall ... The person on whom the writ of habeas corpus is served shall immediately obey the same, and make the return required by law upon the ... The return is made by stating in plain language upon the copy of the writ or some paper connected with it: 1. Whether it is ... The person on whom the writ is served shall bring before the judge the person in his custody, or under his restraint, unless it be ... When the return of the writ has been made, and the applicant brought before the court, he is no longer detained on the original warrant ... The court or judge granting the writ of habeas corpus shall allow reasonable time for the production of the person detained in custody. Acts 1965, ... When service has been made upon a person charged with the illegal custody of another, if he refuses to obey the writ and make the ... Any person disobeying the writ of habeas corpus shall also be liable to a civil action at the suit of the party detained, and shall ... In case of disobedience of the writ of habeas corpus, the person for whose relief it is intended may also be brought before the court ... It is a sufficient return of the writ of habeas corpus that the person, once detained, has died or escaped, or that by some superior ... When a prisoner confined in jail, or who is in legal custody, shall die, the officer having charge of him shall forthwith report the same ... If neither the county nor the district attorney be present, the judge may appoint some qualified practicing attorney to represent the State, who shall be ... The judge or court before whom a person is brought by writ of habeas corpus shall examine the writ and the papers attached to it; ... If it appears by the return and papers attached that the party stands indicted for a capital offense, the judge or court having jurisdiction of ... If it appear by the return and papers attached that the judge or court has no jurisdiction, such court or judge shall at once remand ... No presumption of guilt arises from the mere fact that a criminal accusation has been made before a competent authority. Acts 1965, 59th Leg., vol. ... The judge or court, after having examined the return and all documents attached, and heard the testimony offered on both sides, shall, according to the ... If it appears that the applicant is detained or held under a warrant of commitment which is informal, or void; yet, if from the document ... Where, upon an examination under habeas corpus, it appears to the court or judge that there is probable cause to believe that an offense has ... To ascertain the grounds on which an informal or void warrant has been issued, the judge or court may cause to be summoned the magistrate ... It shall not be necessary, on the trial of any cause arising under habeas corpus, to make up a written issue, though it may be ... The applicant shall have the right by himself or counsel to open and conclude the argument upon the trial under habeas corpus. Acts 1965, 59th ... The judge trying the cause under habeas corpus may make such order as is deemed right concerning the cost of bringing the defendant before him, ... If a writ of habeas corpus be made returnable before a court in session, all the proceedings had shall be entered of record by the ... If the return is made and the proceedings had before a judge of a court in vacation, he shall cause all of the proceedings to ... The two preceding Articles refer only to cases where an applicant is held under accusation for some offense; in all other cases the proceedings had ... The court or judge granting a writ of habeas corpus may grant all necessary orders to bring before him the testimony taken before the examining ... The word "return", as used in this Chapter, means the report made by the officer or person charged with serving the writ of habeas corpus, ... Where a person, before indictment found against him, has been discharged or held to bail on habeas corpus by order of a court or judge ... Where a person once discharged or admitted to bail is afterward indicted for the same offense for which he has been once arrested, he may ... If the accusation against the defendant for a capital offense has been heard on habeas corpus before indictment found, and he shall have been committed ... A party may obtain the writ of habeas corpus a second time by stating in a motion therefor that since the hearing of his first ... Any officer to whom a writ of habeas corpus, or other writ, warrant or process authorized by this Chapter shall be directed, delivered or tendered, ... Any one having another in his custody, or under his power, control or restraint who refuses to obey a writ of habeas corpus, or who ... Any jailer, sheriff or other officer who has a prisoner in his custody and refuses, upon demand, to furnish a copy of the process under ... No person shall be discharged under the writ of habeas corpus who is in custody by virtue of a commitment for any offense exclusively cognizable ... This Chapter applies to all cases of habeas corpus for the enlargement of persons illegally held in custody or in any manner restrained in their ... (a) This article applies to an applicant for a writ of habeas corpus seeking relief from the judgment in a criminal case, other than an ... Texas Lawyers
Last modified: August 10, 2007 |