I have a sitiation that has come up for the first time in my 16+ years....Defenadnt is in TDCJ on a felony theft confiction enhanced by prior misdemeanors in 2002...he is now writing me and the County Judge wanting us to supply him a form or application for a writ of Habeas Corpus to be used in attacking the validity of the prior misdemeanor(s), or a waiver for use of said form....
What obligation does the prosecutor have in this regard? What obligation does the Misdemeanor court have?
The previous misdemeanor convictions resulted from quilty pleas by the defendant.
Does the letter to the Judge serve as a "Writ" that needs to be addressed by the court?
Thanks for your help.

There is no form for applications for writs of habeas corpus in misdemeanor cases.

Well, unless your misdemeanor court has decided that it wants a form (the misdemeanor court will rule on the writ). I guess, if that were the case, there would be a form and the trial court should provide it.

Typically, in 11.07 cases (where a form is required by the CCA), the District Clerk will provide copies of the form to the defendant. The State does not have a duty to do so.

Edited to add: Yes, 11.07 is for felony convictions only. It would not apply to misdemeanors. I was merely using that as an example of a writ proceeding which required a form. Sorry for any misunderstanding.

This message has been edited. Last edited by: Andrea Jacobs,

quote:

Does the letter to the Judge serve as a "Writ" that needs to be addressed by the court?

I suppose that depends to some extent on exactly what the letter says and to what extent it raises an issue about legality of the conviction under arts. 11.04 and 11.14, CCP. Of course, no matter how defective the "application" may be, I guess the court could always treat it as invoking jurisdiction to find it is manifest from the petition itself that the applicant is entitled to no relief whatever under art. 11.15.

Anyway, pleadings need to filed first with the county clerk, not the state's attorney or judge, before any ruling or response is required.

Thanks all for your assistance! The letter does not meet the requirements of a petition, nor is it submitted under oath....
Thanks again for the ideas....