Anyone with experience in this? Had one filed yesterday in Civil Court (not juvenile court) under the Constitution? Does it still need to be filed in the Juvenile District court? and Where are the procedures and rules regarding these civil habeas writs? Help!!!
I haven't seen one in some time but I know there is a case that says no writ if there is a direct appeal pending or time to file direct appeal.
If that applies to your situation, I can get you the cite to that case.
There is no direct appeal pending and the deadlines have past. Now, the child is out of detention, but I believe she is still trying to have a previous adjudication voided by writ of habeas for ineffective assistance of counsel. Any other suggestions? Thanks for your response.
Galveston County ADA
Was this question ever answered? I've got a similar case. Juvenile Adjudicated back in 2014 on multiple counts of sexual assault of a child. The jury recommended probation. At the appropriate time it was transferred to adult. Juvenile is now 20. He wants to complain about ineffective assistance for his attorney not filing an appeal back in 2014. He's filed a writ. The juvenile court claims it doesn't have jurisdiction because a transfer order was signed prior to the writ being filed. District court says it's the juvenile court because they're complaining of an issue that occurred while it still had jurisdiction. I'm in the middle trying to sort it out. Any help would be greatly appreciated.
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