Legal Question in Criminal Law in Texas

Re: New Evicence in Writ of Habeas Corpus

Look in Chapter 11 of the code of Criminal Procedure.

It will make a difference on the form of your answer depending on if you are dealing with a pre or post conviction and if its a misdemeanonr, feloney or capital feloney.

The writ is a verified pleading and must contain sworn allegations of fact rather than mere conclusiions.

If you are attempting to obtain a second time the look at Art. 11.59 CCP.

Re: New Evicence in Writ of Habeas Corpus

Ok, this depends on the type of Habeas you seek, federal or state, felony or misdemeanor, civil or criminal, pre or post judgment. I will assume that you want to know about post conviction writs of habeas corpus on felony convictions under 11.07 ccp which is a collateral attack on the conviction. First, Staff Counsel for Inmates may be able to help you. Second, they should have a complete book in the prison law library about procedures and practices. However a free world lawyer may also be what you want in this matter. Sometimes matters are resolved on the basis of affidavits alone. Other times evidentiary hearings are required under the rules of evidence. What you must prove under the evidence depends on the nature of your claim for habeas relief. You asked a very general question, hence the very general answer...

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