Legal Question in Criminal Law in Texas
Habeas Corpus Relief
July 15, 2001
My question is How long does The State Court of
Criminal Appeals have to consider an application for
a Writ of Habeas Corpus filed since June 16,1999...?,
before the Petitioner can file in Federal Court for
relief..? All this is reference to the State of Texas.
1 Answer from Attorneys
Re: Habeas Corpus Relief
The CCA can take as long as it likes. It ususally takes a year to two and a half years for the COurt to act. The Court is in summer recess until September so nothing will happen until then. The time period that the case is under submission does not count against the AEDPA time lines. However, you had better be ready to run to Fed Court when the denial comes down. I do alot of state and federal habeas work and am invlved in several death penalty cases. I would love to chat with you about your case.
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