Does anyone have a sample response to a request for a writ of Habeas Corpus in Federal Court for a defendant convicted of a state misdemeanor?

And it's no easy task following the federal procedures when you are not used to them.

The real experts are in the Attorney General's Postconviction section, who respond to hundreds when TDCJ is the custodian. They have always been very helpful with questions, both procedural and substantive.

Give me a call (972)548-4729 or email jgaron@co.collin.tx.us if you want a copy of a response I've filed in the past.

Jeff Garon

I worked in the Habeas division of the AG's office. If I could be of assistance let me know. Patricia Dyer, Appellate Attorney, Taylor County 325-674-1261

I currently work in the AG's postconviction litigation section. Most times, a person convicted of a misdemeanor will not be incarcerated long enough to have standing to file a federal petition. They have to exhaust state remedies first, requiring either a completed direct appeal process or a completed state habeas review. If they decline to appeal at all, they still have to do a state habeas. If they haven't done either, their federal petition is considered procedurally defaulted for failure to exhaust (that's better since it's a dismissal with prejudice, instead of dismissing for failure to exhaust, which is without prejudice). In any case, give Mike Bozarth, our non-capital chief, a call and he'll help out. (512) 936-1600 is the main line. Or feel free to email me.

Georgette