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Writs of Habeas Corpus

Writs of Habeas Corpus, sometimes called 11.07 writs, are post-conviction tools that are used to challenge the validity of a finding of guilt or of a sentence.  A person might use a writ if they believe that their trial attorney was ineffective, a court has declared the statute you were convicted of to be unconstitutional, to assert a true innocence claim, or to challenge the use of evidence in trial.  Writs can also be used to challenge the terms and conditions of a person’s community supervision.  Largely, clients seek relief under a writ of habeas corpus after they have been convicted and their conviction has been affirmed on direct appeal.

As a post-conviction attorney, I represent clients like you.  Contact me today for a consultation at: 972.802.1788.

Writs of habeas corpus typically have two steps.  The first step is a lengthy investigation into the underlying offense and the second step is the writing of the writ.  It is almost always the case that the investigation takes longer than the writing.  Writs that are not successful in state court are often pursued in federal court.  Starting the writ process early is important because there are deadlines that restrict when you can file a writ in federal court.

Writs are governed by Chapter 11 of the Texas Code of Criminal Procedure.

Types of Writs in Non-Death Penalty Cases

Article 11.07 Writs

  • Most commonly used writ.
  • ​Inmates will not receive appointed counsel to prepare a writ.
  • ​The trial court might appoint counsel after the writ has been filed if the trial court believes that the writ is meritorious.
  • ​The trial court will enter findings of fact and conclusions of law and the Court of Criminal Appeals will issue an opinion granting or denying the application for the writ.
  • ​In most circumstances, a party may only file one writ.  There are circumstances, such as a Supreme Court decision that is deemed to be retroactive, in which a party could file a second habeas writ.  It is important to do this correctly the first time.
​Advantage of an 11.07 Writ over a Direct Appeal
  • New evidence can be brought before the court.
Disadvantage of an 11.07 Writ over a Direct Appeal
  • Issues that can be argued are more limited than in a direct appeal.

11.072 Writs

  • Used when a person wishes to challenge a condition of their community supervision.
  • Often, though not exclusively, these are used by individuals who must comply with sex offender conditions to remain on community supervision.
  • Unlike other writs, there is no requirement that the conviction be final and the trial court will decide the writ rather than the Court of Criminal Appeals.
  • The trial court’s decision on an 11.072 writ can be appealed to the intermediate-court of appeals.

11.073 Writs

  • Used to challenge convictions based on “Junk Science.”
  • These are comparatively rare, but should be used more frequently.

Examples of Writs I Have Filed

11.07 – Etchison Writ

11.072 – Baze Brief

Schedule a Consultation

The decision to file a writ should only be made after talking with post-conviction
attorney who knows the writ process.  Utilize my experience to help you file a writ of habeas corpus. I encourage you to contact my office at (972) 802-1788 to set up a time for us to meet.