July 07, 2011, 16:00
John A. OlsonHabeas App'ns & deportation
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?
July 07, 2011, 22:01
JohnRWas 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.
Likely talking about a writ application for a misdemeanor. Yes, you can take an appeal to the court of appeals.