After The Appeal
Crim. Proc. art. 11.07 — habeas corpus after a final felony conviction, filed with the convicting court
Where it is filed. An application for a writ of habeas corpus after final conviction in a felony case, other than a death penalty case, is filed with the clerk of the court in which the conviction was obtained, and the writ is returnable to the Court of Criminal Appeals.
The state's answer. The clerk sends a copy to the attorney representing the state, who answers not later than the 30th day after receiving it. Matters not admitted by the state are deemed denied. Within 20 days after the time to answer expires, the convicting court decides whether there are controverted, previously unresolved facts material to the confinement.
A second application. A court may not consider the merits of a subsequent application challenging the same conviction unless it shows the claims could not have been presented earlier because their factual or legal basis was unavailable, or that by a preponderance of the evidence, but for a constitutional violation, no rational juror could have found the applicant guilty beyond a reasonable doubt.
Confinement. For the article, confinement includes any collateral consequence resulting from the conviction.
Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed Texas attorney.
Sources for this section (1)
- Crim. Proc. art. 11.07 — Procedure after conviction without death penalty
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.