A local attorney has filed an 11.072 writ of habeas corpus in justice of the peace court regarding a traffic ticket. He wants it treated like a motion for new trial. I would like to treat it like every other writ of habeas corpus that we receive in District Court. Assuming he has standing to file in the JP Court (which I contend he does not), which court would ultimately decide his application?

Sheesh, why doesn't he just appeal it to county court and get a new trial that way??

Anyway, 11.072 applies to any order of community supervision in "a felony or misdemeanor," with no limitation for fine-only misdemeanors, so I suppose he can do it. 11.072's are handled by the court that gave the community supervision, and then they can be appealed as usual. (See CCP 11.072, section 8).

What is he alleging? He can only challenge on constitutional grounds, and he can't raise 11.072 if he can get the relief by means of a regular appeal. (See 11.072 sec.3(a) & (c).)

I'm not sure he can. Art. 11.072 refers to "community supervision" not "deferred disposition" Chapter 45 of the Code of Criminal Procedure does not appear to give Justices the authority to place a defendant on "community supervision". Especially, if the justice court in question is not a court of record. See art. 42.12 Sec. 2(1).

And it certainly abandons any historic meaning for a writ, which is aimed at fixing a problem with CONFINEMENT. It's a ridiculous approach to a ticket case and should be treated as frivolous.

I completely agree. The reason he did not file a motion for new trial or notice of appeal during the time-limit is unclear. He decided he did not like the outcome after the time for appealing to the county court had already passed and then filed this writ.

In that case, I would challenge it under section 3(a). He could've obtained the requested relief by means of an appeal, but he chose not to do so. He isn't entitled to exploit the habeas process because of that choice. You can also request that the judge deny the application as frivolous under section 7(a).

I plan on doing both. If it is denied in the JP court, which court would review that ruling?

...Good question. 11.072 just says it can be appealed under Article 44.02 and TRAP 31. That seems to imply it would go to the COA.