What Happens if a Writ of Habeas Corpus Is Granted in Texas?
“What happens if we win the writ?” This is one of the most common questions we hear during initial consultations at Chris Perri Law, and for good reason. Choosing to pursue a post-conviction remedy, such as an appeal or writ of habeas corpus, is a major investment—financially, emotionally, and timewise. When weighing whether or not to move forward, it’s important to understand what exactly the writ of habeas corpus procedure can and cannot do.
To jump to the answer: if your loved one’s writ of habeas corpus is granted, then their conviction is reversed. They are put back in the position of having been charged with a crime, but with an outcome still to be determined.
In this article, we explain in further detail what happens following the granting or denial of a Chapter 11.07 writ of habeas corpus, as well as how the decision is made.
But First, What Is a Chapter 11.07 Writ of Habeas Corpus and Who Is It For?
A Ch. 11.07 writ of habeas corpus is a complex legal procedure aimed at overturning a wrongful state conviction by introducing compelling new evidence. In Latin, the term “habeas corpus” literally translates to “show me the body.” When filing a writ of habeas corpus, you are asking to bring forth the convicted person in front of a court so the judge can reconsider the case outcome in light of new information, such as:
New scientific evidence
New witness testimony
Proof of ineffective assistance of counsel
And more.
If you or someone you love has been convicted of a crime in Texas, and you feel the conviction was wrongful or unjust, then a writ of habeas corpus may be worth considering, even in plea deal cases. At Chris Perri Law, we offer free consultations to explore if this avenue makes sense for you or your loved one. To schedule a consultation, call (512) 269-0260.
Learn more about our unique writ of habeas corpus process here.
How Is the Outcome of a Writ Determined?
Once you and your attorney are satisfied with the writ of habeas corpus, it’s time to submit it to the courts for consideration. For state cases, two different court systems will review it: the district court and then the Court of Criminal Appeals, which is who ultimately makes the decision on whether to grant or deny.
Read more about overturning federal convictions through federal writs.
District Court
The first step in filing the Chapter 11.07 writ of habeas corpus is to send it to the district court, which is where the case was originally litigated. Unless the judge has left their position, it will likely be the same judge who oversaw the trial or plea deal reviewing the writ of habeas corpus.
The district court judge will consider the writ’s claims and evidence and then make their recommendation on whether it should be granted or denied. Sometimes, the judge requests a hearing to receive the arguments orally before ruling.
After considering all of the arguments, the judge submits their opinion in a document titled “Findings of Fact and Conclusion of Law.” If their findings are favorable to the defendant, the district judge will recommend that the writ be granted; however, if the findings are unfavorable, then the recommendation is that the writ be denied.
Texas Court of Criminal Appeals
The next step in the process is to present the writ of habeas corpus to the Texas Court of Criminal Appeals, which is the highest criminal appellate court in Texas. The judges on this court are the ones who ultimately decide the fate of post-conviction remedies, such as appeals and writs of habeas corpus.
The appellate judges will review the writ’s claims and findings, while also heavily considering the recommendation of the district judge. That said, the two court systems do not always agree, and as mentioned, the Texas Court of Criminal Appeals’ ruling is the one that holds the legal power.
Usually, the Texas Court of Criminal Appeals either flat out grants or denies a defendant’s writ of habeas corpus. Sometimes, however, they send it back to the district court to reconsider with certain instructions.
What Happens if the Writ of Habeas Corpus Is Granted?
If the Texas Court of Criminal Appeals agrees to grant the writ of habeas corpus, this means the conviction will now be overturned. The judges agreed the defendant’s conviction was wrongful or unjust.
The case is then remanded back to the county where the offense allegedly occurred, and the defendant is moved from prison to local jail, where they are eligible to apply for a bond. The defendant now has the same rights they had prior to conviction but following arrest, such as the right to be presumed innocent until proven guilty.
The district prosecutors will then decide if they would like to drop the charges or retry the case. While not a guarantee, we find that when a writ of habeas corpus is granted, the criminal charges are often dropped. This is typically due to a variety of reasons, such as:
The length of time that has elapsed since charges were pressed
A new District Attorney with different priorities
The emergence of new evidence that either proves innocence or creates substantial doubt regarding guilt.
What Happens if the Writ of Habeas Corpus Is Denied?
If the writ of habeas corpus was filed within one year of the conviction or appeal decision, then you may be eligible to appeal the Texas Court of Criminal Appeals’ decision to the federal appellate courts. Learn more about timelines here.
However, if this deadline has passed, then unfortunately there are very few options left to fight the conviction, unless new evidence of actual innocence – that couldn’t have possibly been known before – comes to light. If this happens, you may be able to file a subsequent writ of habeas corpus.
Chris Perri Law Can Help
An award-winning lawyer with over two decades of experience practicing appellate criminal defense law and a passion for handling complex cases, Chris Perri is here to help. He handles post-conviction cases across Texas at both the state and federal level and is happy to answer any questions you may have.
To schedule a free and confidential case consultation, please contact us at www.chrisperrilaw.com or (512)269-0260.