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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? | ||
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Member |
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. | |||
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Member |
Likely talking about a writ application for a misdemeanor. Yes, you can take an appeal to the court of appeals. | |||
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