How Do I File for a Writ of Habeas Corpus in Texas
Full Question:
Answer:
The following is a Texas statute:
Art. 11.14 CODE CRIM. P. [126] [174] [164] Requisites of petition
The petition must state substantially:
1. That the person for whose benefit the application is made is
illegally restrained in his liberty, and by whom, naming both
parties, if their names are known, or if unknown, designating and
describing them;
2. When the party is confined or restrained by virtue of any
writ, order or process, or under color of either, a copy shall be
annexed to the petition, or it shall be stated that a copy cannot
be obtained;
3. When the confinement or restraint is not by virtue of any
writ, order or process, the petition may state only that the
party is illegally confined or restrained in his liberty;
4. There must be a prayer in the petition for the writ of
habeas corpus; and
5. Oath must be made that the allegations of the petition are
true, according to the belief of the petitioner.
