Once a conviction is final, either because the defendant did not pursue a direct appeal or because they did so unsuccessfully, both state and federal defendants may apply for writs of habeas corpus. Like a direct appeal, an application for a writ of habeas corpus is a way to challenge the legality of a conviction or sentence. Unlike a direct appeal, however, an application for a writ of habeas corpus may introduce new evidence and raise new arguments that could not be raised on direct appeal. The most common habeas claim is ineffective assistance of counsel. Habeas applicants also may complain that the prosecution withheld evidence, that witnesses testified falsely, and that any guilty pleas were involuntary, among other claims.
For defendants convicted of felonies in Texas state court, a habeas application is filed in the trial court, which makes a recommendation on the application’s merits. Texas’s highest criminal court, the Texas Court of Criminal Appeals, then makes the ultimate decision. Defendants convicted in federal courts also file habeas applications in the trial court, but that court makes the ultimate decision.
Following unsuccessful habeas applications, both state and federal defendants have the opportunity for further review. Subject to strict time constraints, a state defendant may file a federal petition under 28 U.S.C. 2254 challenging the Texas court’s decision. A federal defendant, meanwhile, may appeal the denial of a habeas application to a federal circuit court.
In Texas courts, no, but long-delayed applications are subject to denial under the doctrine of laches. In federal courts, habeas petitions--filed under 28 U.S.C. 2255 as motions to vacate, set aside or correct the sentence--must be filed within one year of the conviction becoming final.
Yes, but there may be fewer possible grounds available.
Yes, but only on a few narrow grounds. For this reason, among others, it's critical to engage specialized counsel for the first application.
In Texas felony cases, the trial court makes a recommendation, and the Texas Court of Criminal Appeals makes the decision. In federal cases, the district court makes the decision.