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I have an application for writ of habeas corpus that is not on the application form that I'm used to seeing. I was informed that I could simply send it back to the inmate, unfiled. Just to make sure, I went to look up Rule 73.2 Noncompliance, which I believe is supposed to grant the power to the District Clerk to send the application back to the inmate with a copy of the form, unfiled.

When I looked it up on Lexis, it said that there were two parts to rule 73.
- 73.1 Summary Sheet
- 73.2 Action on Application

I looked up the rule in the TDCAA book Criminal Laws of Texas 2005-2007 and it said there are two parts of Rule 73 as well.
- 73.1 Prescribed Form
- 73.2 Noncompliance

This was what I had originally expected to find.

Since there was a discrepency, I looked up the same rule at the Judiciary Online and it said there are 4 parts to Rule 73.
- 73.1 Form of Application
- 73.2 Noncompliance
- 73.3 Summary Sheet
- 73.4 Action on Application

Does anyone know what's going on here? Three sources for the same rule give three different results. Does anyone know which is accurate? If it is (as I assume to be the case) the Judiciary Online that's accurate, is there a mechanism in place for letting the TDCAA know that they've got a mistake in their book (not to mention letting Lexis know the same thing)?

Any advice would be appreciated.
 
Posts: 7 | Location: Edinburg, Texas | Registered: April 13, 2006Reply With QuoteReport This Post
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Westlaw shows 4 subparts and the cca recently cited the four subparts. Ex parte Blacklock,
--- S.W.3d ----, 2006 WL 1235470 (Tex.Crim.App. May 10, 2006)

The supreme Court's website also lists four subparts
http://www.supreme.courts.state.tx.us/rules/TRAP/2006/trap_May06.pdf
I guess if you're still unsure you could call the Supreme Court's rules attorney:
http://www.supreme.courts.state.tx.us/rules/traphome.asp
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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