Legal Question in Appeals and Writs in Texas

I was convicted of misappropriation of fiduciary/false statement for credit in Texas, via a plea bargain.. I filed Habeas Corpus 2 times being denied. This was done with the State of Texas Crim inal Appeals. I believe that my constituional rights were broken when I was not allowed to dismiss my court appointed attorney who would not subpoena any of my evidence or do anything to prove my innocence in this crime. What is the next step to try and overturn this wrongful concviction and clear my record. It is my first conviction.


Asked on 10/13/11, 5:19 pm

1 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

As Ms. Henley said, you're probably out of luck at this point. You can certainly ask the Governor to pardon you, but he's not exactly known for doing that a lot. Theoretically, you could also file an application for a federal writ of habeas corpus, but if you think Texas is nitpicky about procedural requirements on writs, you haven't looked into the federal system yet.

Of course you could contact an attorney who handles federal writs to find out for sure if your application would be procedurally barred, but since you'd prefer to represent yourself, I'm sure you'd probably rather just look into that possibility on your own. If neither of those options works out for you, you are simply out of luck, since those are literally the only two post-conviction remedies that remain (at least hypothetically) available to you. Good luck.

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Answered on 10/13/11, 7:14 pm


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