Texas Code of Criminal Procedure 11.16 – Writ May Issue Without Application
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Terms Used In Texas Code of Criminal Procedure 11.16
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A judge of the district or county court who has knowledge that any person is illegally confined or restrained in the person’s liberty within the judge’s district or county may, if the case is within the judge’s jurisdiction, issue the writ of habeas corpus, without any application being made for the writ.