Texas Application for Writ of Habeas Corpus (Criminal)
Description Writ Corpus
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FAQ
The habeas corpus appeal is the pathway to a defendant asserting Constitutional rights to which they are still entitled, even as a prisoner, under the U.S. legal system.
A writ of habeas corpus is a legal petition presented to judges in criminal cases by inmates in custody where they are challenging their conviction or sentencing conditions.
You are here Fees Under 28 U.S.C. §1914 and the District Court Miscellaneous Fee ScheduleAmountWrit of Habeas Corpus$5.00Power of Attorney$49.00Miscellaneous Papers$49.00Registration of Foreign Judgment$49.0020 more rows
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
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 corpus; and it is their duty, upon proper motion, to grant the writ under the rules prescribed by law.
A Writ of Habeas Corpus (Latin for ?that you have the body?) may be filed on behalf of a person who is unlawfully imprisoned. The purpose of a Writ of Habeas Corpus is for the court to determine whether it has lawfully convicted and sentenced a person.
Remember that a writ of habeas corpus is a civil proceeding, not a criminal proceeding. This means a person filing a petition for writ of habeas corpus must follow the state's rules for civil procedure to determine when the petition or subsequent motions are due.