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.
Habeas Corpus For Missing Person In Texas
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A missing person report should be filed with the local law enforcement agency having jurisdiction over the place where the individual was last seen or the place where the individual was last known to reside. Under Texas law there is no waiting period before a record of a missing person can be filed.
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.
We presume a person is dead if he or she has been missing from home and has not been heard from for seven years or more. This presumption applies regardless of the reason for the absence.
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;
Call hospitals, jails, shelters, or churches. Make flyers with identifying information, photo, date missing, location and number to call with any information. Post flyers, especially in areas where there's a lot of traffic or activities. Contact news stations.
A missing person report should be filed with the local law enforcement agency having jurisdiction over the place where the individual was last seen or the place where the individual was last known to reside. Under Texas law there is no waiting period before a record of a missing person can be filed.
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.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.
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.