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Case Summaries Discussion Thread - 6/6/08 Login/Join 
<Sean Johnson>
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Here's the link: http://www.tdcaadistribution.com/newsletter/newsletter.php?10469

I've gotten a few calls from prosecutors where their district courts have habeas apps from a year ago that haven't been answered. Is this a problem in other counties? Wouldn't be beneficial to the State for the judge not to enter any findings since the CCA will then find there were no issues of fact to review and deny the writ?
 
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The first thing to look at is to see if the issues were designated on time. That's the key, not how late the court's answer is. As long as there's an order designated issues signed within that 35 days, then the court should definitely go ahead and put together its findings.

If there's no ODI, then I would just go ahead and send up the file without findings. If the CCA thinks it needs something resolved, it can always remand the case.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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