This is a multi-state form covering the subject matter of the title.
Collin Texas Petition for Writ of Habeas Corpus by a Person in State Custody
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State:
Multi-State
County:
Collin
Control #:
US-00277
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Word;
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How to fill out Petition For Writ Of Habeas Corpus By A Person In State Custody?
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FAQ
1. The petition for a writ of habeas corpus must be accompanied by the full $5.00 filing fee.
A petition for writ of habeas corpus is typically filed in the Superior Court where the petitioner was convicted. The Court receiving the petition will then evaluate it within 60 days by asking whether, assuming the petition's factual allegations are true, the petitioner would be entitled to relief.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
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.
For writ petitions except habeas corpus, the court fee is Rs. 500 1. However, if the writ petition is filed in a criminal case, then no court fee is required2.
If filed in a Texas state court, the petition is a are sworn document that has to include:a statement that the petitioner is being held illegally,names or descriptions of the people or agencies detaining the petitioner,a copy of the detainment order, if possible, and.a request for a writ of habeas corpus.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction. The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf.
BY WHOM WRIT MAY BE GRANTED. The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas corpus; and it is their duty, upon proper motion, to grant the writ under the rules prescribed by law. Acts 1965, 59th Leg., vol.