This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Petition Writ Of Habeas Corpus With Minor Child In Dallas
Category:
State:
Multi-State
County:
Dallas
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Writs of execution can be issued by justice courts, county courts, and district courts in the State of Texas. They must be served by a sheriff, constable, or their deputies, and may be served anywhere in the state. Rules 103, 501.2, 621, 629.
Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.
This legal tool protects against unjust detentions, including those involving children. The term “habeas corpus,” means “you shall have the body” in Latin. It empowers courts to demand the appearance of a detained individual, such as a child, before a judge.
It is an order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint.
An example of a habeas corpus case is when a person believes they have been wrongfully imprisoned for a crime they did not commit. They may file a writ of habeas corpus to present new evidence or information that could potentially exonerate them.
In the context of a Texas child custody case, a writ of habeas corpus can be used when one parent believes the other parent is wrongfully withholding the child. The parent who files the writ is asking the court to order the other parent to return the child.
Art. 11.05. BY WHOM WRIT MAY BE ISSUED. The court of criminal appeals, the district courts, the county courts, or any judge of those courts may issue the writ of habeas corpus, and it is their duty, on proper application, to issue the writ under the rules prescribed by law.
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
A writ “is the remedy to be used when any person is restrained in his liberty.” Texas Code of Criminal Procedure Article 11.01. The purpose of a Writ of Habeas Corpus is for the court to determine whether it has lawfully convicted and sentenced a person.
Common arguments for granting a habeas corpus petition include: You had incompetent legal counsel or a competent attorney was not provided. You were convicted under an unconstitutional law; You were convicted under a law that has since been changed, so what you did is no longer considered a crime;