Legal Question in Criminal Law in Texas

You have taken your case through the appellate court system. The next step is either to go to the Supreme Court of the United States (which is not the usual course) or to start on the habeas corpus review. You really, really need a lawyer. You only get one shot at a habeas review and if you file it pro se and do not do it correctly or do not raise your issues properly, you will be dumped out without review.

So, you have one year from the day your case was final in state court plus 90 days (the time in which you could have filed cert to the Supreme Court) to file a federal habeas. However, before filing the federal habeas, you must go through state habeas. The federal time is tolled by the time that you have a properly filed state habeas pending. Only constitutional issues can be raised on appeal - not evidentiary issues.