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If a trial court favors a habeas app'n on the "Kentucky v. Padilla" basis, do we have any kind of post-hearing remedy if the accused suceeded but we objected on the basis that he did not carry his habeas burden of proof?
 
Posts: 19 | Location: Brownsville TX. | Registered: February 04, 2004Reply With QuoteReport This Post
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Was it an art. 11.072 probation writ? If so, you can take a State's appeal. If it is an 11.07 writ, the Court of Criminal Appeals makes the ultimate ruling.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Likely talking about a writ application for a misdemeanor. Yes, you can take an appeal to the court of appeals.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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