Application For Writ Of Habeas Corpus Seeking Relief

Article 11.07 Writ Application Form Instructions i Revised 2018 APPENDIX E COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 DEFINITIONS In this application form: 1. 223Applicant224 means a person seeking relief in an application for a writ of habeas corpus from his or her felony conviction imposing a sentence other than the death penalty or a probated sentence that has not been revoked. An applicant can be an inmate or a non-inmate whose liberty is restrained. 2. 223Inmate224 means a person who is in custody in a prison or jail. 3. 223Petitioner224 means a person, including an attorney or a non-attorney, presenting an application for a writ of habeas corpus on behalf of another person (the applicant). Any petitioner may present an application on behalf of an applicant for the purpose of obtaining relief from the applicant222s felony conviction. However, the petitioner presenting the application form must sign and attest that he or she has consulted with the applicant concerning the application and the applicant has given consent to the filing of this application form. INSTRUCTIONS 1. All applicants and petitioners, including attorneys, must use the complete application form. You must use this application form, which begins on the page following these instructions, to file an application, or an amended or supplemental application, for a writ of habeas corpus seeking relief from a final felony conviction under Article 11.07 of the Code of Criminal Procedure. (This application form is not for death-penalty cases, probated sentences which have not been revoked, misdemeanors, or pretrial habeas applications under Article 11.08 of the Code of Criminal Procedure.) 2. Failure to follow these instructions may cause your entire application to be dismissed. 3. The district clerk of the county in which you were convicted will make this application form available to you, on request, without charge. The form can also be obtained from the Court of Criminal Appeals222 website. 4. You must file the entire application form, including those sections that do not apply to you. If any pages are missing from the form, or if the questions have been renumbered or omitted, your entire application may be dismissed as non-compliant. 5. You must make a separate application on a separate form for each case number from which you seek relief. Even if the judgments were entered in the same court on the same day, you must complete a separate application form for each case number. If a case number has multiple counts, include all the counts on one application form. American LegalNet, Inc. www.FormsWorkFlow.com Article 11.07 Writ Application Form Instructions ii Revised 2018 6. You must include all grounds for relief on the application form as provided by the instructions under item 18. You must also briefly summarize the facts of your ground on the application form as provided by the instructions under item 18. Each ground shall begin on a new page, and the recitation of the facts supporting the ground shall be no longer than the two pages provided for the ground in the form. 7. Answer every item that applies to you on the application form. Do not attach any additional pages for any ground. However, if you have more than five grounds for relief, you may include additional copies of pages 14 and 15 to add more grounds for relief. Additional grounds must still comply with instruction 6. 8. Legal citations and arguments may be made in a separate memorandum that complies with Texas Rule of Appellate Procedure 73 and certifies that the document does not exceed 15,000 words if computer-generated or 50 pages if not. 9. You must verify the application form by signing either the appropriate Unsworn Declaration or the 223Oath Before a Notary Public,224 which are at the end of this form. If you are a petitioner presenting the application on behalf of an applicant, you may sign and verify the application form on behalf of the applicant. However, any petitioner who signs and verifies the application form may be prosecuted and convicted for aggravated perjury if the application form contains any false statement of a material fact. 10. When the application form is fully completed, mail the original and any exhibits and memorandum of law to the district clerk of the county of conviction or electronically file the application form with the district clerk of the county of conviction following the current electronic filing rules for criminal cases. Keep a copy of the application form for your records. 11. You must notify the district clerk of the county of conviction of any change in your address or email address after you have filed your application form. In addition, after the application form has been received by the Court of Criminal Appeals, you must notify the Clerk of the Court of Criminal Appeals of any change in your address or email address. 12. Warning: If the application form does not include all of the grounds for relief, additional grounds brought at a later date may be procedurally barred. See TEX. CODE CRIM. PROC. Art. 11.07 247 4. American LegalNet, Inc. www.FormsWorkFlow.com Article 11.07 Writ Application Form 1 Revised 2018 Case No. (The district clerk of the county of conviction will fill in this blank.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE ARTICLE 11.07 NAME: DATE OF BIRTH: PLACE OF CONFINEMENT: WARDEN: TDCJ-CID NUMBER: SID NUMBER: (1) This application concerns (check all that apply): G a conviction G parole G a sentence G mandatory supervision G time credit G out-of-time appeal or petition for discretionary review (2) What are the court number and county of the district court in which you were convicted? (3) What was the case number in the trial court? (Put only one case number here, even if it includes multiple counts. You must make a separate application on a separate form for other case numbers.) (4) What was the name of the trial judge? American LegalNet, Inc. www.FormsWorkFlow.com Article 11.07 Writ Application Form 2 Revised 2018 (5) Were you represented by counsel? If yes, provide the attorney222s name: (6) What was the date that the judgment was entered? (7) For what offense were you convicted and what was the sentence? (8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count? (9) What was the plea you entered? (Check one.) G guilty-open plea G guilty-plea bargain G not guilty G nolo contendere/no contest If you entered different pleas to counts in a multi-count indictment, please explain: (10) What kind of trial did you have? G no jury G jury for guilt and punishment G jury for guilt, judge for punishment American LegalNet, Inc. www.FormsWorkFlow.com Article 11.07 Writ Application Form 3 Revised 2018 (11) Did you testify at trial? If yes, at what phase of the trial did you testify? (12) Has your sentence discharged? G yes G no If you answered yes, when did your sentence discharge? (13) Did you appeal from the judgment of conviction? G yes G no If you did appeal, answer the following questions: (A) Which court of appeals decided the appeal? (B) What was the case number? (C) Were you represented by counsel on appeal? If yes, provide the attorney222s name: (D) What was the decision and the date of the decision? (14) Did you file a petition for discretionary review in the Court of Criminal Appeals? G yes G no If you did file a petition for discretionary review, answer the following questions: (A) What was the case number? (B) What was the decision and the date of the decision? (15) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging the conviction in this case number? G yes G no If you answered yes, answer the following questions: (A) What was the Court of Criminal Appeals222 writ number? (B) What was the decision and the d