Where can I get instructions on how to write an application for a writ of habeas corpus?
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Answer:
In Texas, a petition for a writ of habeas corpus must be filed in convicting court on a prescribed form (Art. 11.07, Sec. 2; Rule 73.1(a)). The link to this form may be found below. Rule 73 of the Texas Rules of Appellate Procedure is as follows:
73.1 Form of Application in Felony Case (other than Capital)
(a) Prescribed form. An application for post conviction habeas corpus relief in a felony case without a death penalty, under Code of Criminal Procedure article 11.07, must be made in the form prescribed by the Court of Criminal Appeals in an order entered for that purpose.
(b) Availability of form. The clerk of the convicting court will make the forms available to applicants on request, without charge.
(c) Contents. The person making the application must provide all information required by the form. The application must specify all grounds for relief, and must set forth in summary fashion the facts supporting each groun. The application must not cite cases or other law. Legal citations and arguments may be made in a separate memorandum. The application must be typewritten or handwritten legibly.
(d) Verification. The application must be verified by either:
(1) oath made before a notary public or other officer authorized to administer oaths; or
(2) if the person making the application is an inmate in the Institutional Division of the Department of Criminal Justice or in a county jail, an unsworn declaration in substantially the form required in Civil Practices and Remedies Code chapter 132.
73.2 Noncompliance. The clerk of the convicting court will not file an application that is not on the form prescribed by the Court of Criminal Appeals, and will return the application to the person who filed it, with a copy of the official form. The clerk of the Court of Criminal Appeals may, without filing an application that does not comply with this rule, return it to the clerk of the convicting court, with a notation of the defect, and the clerk of the convicting court will return the application to the person who filed it, with a copy of the official form.
73.3 Summary Sheet. When a district clerk transmits the record in a postconviction application for habeas corpus under Code of Criminal Procedure articles 11.07 or 11.071, the district clerk must prepare and transmit a summary sheet that includes the following information:
(a) the convicting court's name and county, and the name of the judge who tried the case;
(b) the applicant's name, the offense, the plea, the cause number, the sentence, and the date of sentence, as shown in the judgment of conviction;
(c) the cause number of any appeal from the conviction and the citation to any published report;
(d) whether a hearing was held on the application, whether findings of fact were made, any recommendation of the convicting court, and the name of the judge who presided over the application.
The Court of Criminal Appeals may by order adopt a form of summary sheet that the district clerks must use.
73.4 Action on Application. The Court may deny relief based upon its own review of the application or may issue such other instructions or orders as may be appropriate.
Filings must be accompanied by the appropriate filing fee. There are specific requirements for binding in Rule 9.4 of the Texas Rules of Appellate Procedure. Documents must be bound so that they will lie flat when open. You may not use any kind of plastic cover. In addition, covers may not be black, dark blue or red. Rule 9.4 also includes specific requirements for form, printing, paper size and type, fonts, margins and contents. Documents that do not comply with the rules may be stricken by the court and returned to the filing party.
Rule 9 of the Texas Rules of Appellate Procedure provides instructions for all documents filed in appeal. In addition, if you are filing a petition for review, be sure to read and follow the requirements of Rule 53 of the Texas Rules of Appellate Procedure. Rule 53.2 explains what the required contents are for a petition for review. If you are filing an original proceeding, such as a petition for writ of mandamus or writ of habeas corpus, you should read and follow the requirements of Rule 52 of the Texas Rules of Appellate Procedure. Rule 52.3 explains what the necessary contents and form are for a petition filed in an original proceeding. Failure to follow the requirements of Rule 9, Rule 52, or Rule 53 may result in the Court striking your filing for failure to comply with the rules.
The rules may be found at this link: