Texas Code of Criminal Procedure 31A.151 – Return to County in Which Indictment or Information Filed; Subsequent Proceedings
(a) On the completion of a trial in which a change of venue has been ordered and, if applicable, after the jury has been discharged, the court, with the consent of counsel for the state and the defendant, may return the case to the county in which the indictment or information was filed. Except as provided by Subsection (b), all subsequent and ancillary proceedings, including the pronouncement of sentence after appeals have been exhausted, must be heard in the county in which the indictment or information was filed.
(b) A motion for new trial alleging jury misconduct must be heard in the county in which the case was tried. The county in which the indictment or information was filed must pay the costs of the prosecution of the motion.
Terms Used In Texas Code of Criminal Procedure 31A.151
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(c) Except for the review of a death sentence under Section 2(h), Article 37.071, or under Section 2(h), Article 37.072, an appeal taken in a case returned under this article to the county in which the indictment or information was filed must be docketed in the appellate district in which that county is located.
Text of article effective on January 01, 2025