Texas Post-Conviction Writs of Habeas Corpus

What is a writ of habeas corpus?

An appeal asks whether the judge followed the rules at trial, using only the trial record. A writ of habeas corpus asks a broader question: is the conviction legal at all? It lets you bring in what the record left out, like a lawyer who never investigated, a guilty plea made on bad advice, or favorable evidence the State kept to itself. If the appeal is an inspection of the house, the writ is a look at the foundation.

Which writ fits your case?

What can a writ raise?

• Ineffective assistance of counsel — a lawyer who didn't investigate, didn't call key witnesses, or gave wrong advice about a plea or its immigration consequences
• An involuntary plea — a guilty plea you didn't understand or were misled into
• Hidden evidence — favorable evidence the State had and didn't disclose
• False testimony — a conviction obtained with testimony that wasn't true
• Actual innocence — new evidence showing you didn't commit the crime
• An illegal sentence — punishment outside what the law allows

Are there deadlines?

Articles 11.07 and 11.072 don't set a filing deadline. But waiting is still dangerous, for two reasons:

• The federal clock. A federal § 2254 petition has a one-year limitation period, which generally runs from the date the conviction became final (28 U.S.C. § 2244(d)(1)). The time a properly filed state application is pending doesn't count against it (§ 2244(d)(2)).
• Usually one chance. Texas limits later applications. A subsequent application can be considered only in narrow circumstances the statutes spell out (art. 11.07, § 4; art. 11.072, § 9). Think of the first writ as the one arrow in the quiver. It should be aimed carefully.

How a writ case moves

• Investigation. Gathering the record, the trial file, and the facts outside it: affidavits, documents, witnesses.
• The application. An 11.07 application must be on the form the Court of Criminal Appeals prescribes (Tex. R. App. P. 73.1), supported by a memorandum.
• The State's answer and the trial court. The convicting court can order affidavits or a hearing and make findings.
• Decision. For 11.07, the Court of Criminal Appeals decides. For 11.072, the trial court decides, and that ruling can be appealed.

Why Law Nerd LLC

Writs are won on preparation: finding what the record missed and proving it. Jonathon Muñoz has written post-conviction habeas applications, including Article 11.072 applications and federal habeas petitions, and he writes them the way a court staff attorney would want to read them. The law should be something you can use, not something that is used on you. Law Nerd LLC exists to put the tools of appellate courts back within reach of the people whose lives depend on them.