§ 11.01 What Writ Is
§ 11.02 To Whom Directed
§ 11.03 Want of Form
§ 11.04 Construction
§ 11.05 By Whom Writ May Be Issued
§ 11.051 Filing Fee Prohibited
§ 11.06 Where Writ Is Returnable in Cases Not Involving Felony Conviction
§ 11.07 Procedure After Conviction Without Death Penalty
§ 11.071 Procedure in Death Penalty Case
§ 11.072 Procedure in Community Supervision Case
§ 11.073 Procedure Related to Certain Scientific Evidence
§ 11.0731 Procedures Related to Certain Previously Tested Evidence
§ 11.074 Court-Appointed Representation Required in Certain Cases
§ 11.08 Applicant Accused of Felony
§ 11.09 Applicant Accused or Convicted of Misdemeanor
§ 11.10 Proceedings Under the Writ
§ 11.11 Early Hearing
§ 11.12 Who May Present Application
§ 11.13 Applicant and Petitioner
§ 11.14 Application Requirements
§ 11.15 Writ Issued Without Delay
§ 11.16 Writ May Issue Without Application
§ 11.17 Judge May Issue Warrant of Arrest
§ 11.18 May Arrest Detainer
§ 11.19 Proceedings Under the Warrant
§ 11.20 Officer Executing Warrant
§ 11.21 Constructive Custody
§ 11.22 Restraint
§ 11.23 Scope of Writ
§ 11.24 One Committed in Default of Bail
§ 11.25 Person Afflicted With Disease
§ 11.26 Who May Serve Writ
§ 11.27 How Writ May Be Served and Returned
§ 11.28 Return Under Oath
§ 11.29 Must Make Return
§ 11.30 How Return Is Made
§ 11.31 Applicant Brought Before Judge
§ 11.32 Custody Pending Examination
§ 11.33 Court Shall Allow Time
§ 11.34 Disobeying Writ
§ 11.35 Further Penalty for Disobeying Writ
§ 11.36 Applicant May Be Brought Before Court
§ 11.37 Death, Etc., Sufficient Return of Writ
§ 11.38 When a Prisoner Dies
§ 11.39 Who Shall Represent the State
§ 11.40 Prisoner Discharged
§ 11.41 Where Party Is Indicted for Capital Offense
§ 11.42 If Court Has No Jurisdiction
§ 11.43 Presumption of Innocence
§ 11.44 Action of Court Upon Examination
§ 11.45 Void or Informal
§ 11.46 If Proof Shows Offense
§ 11.47 May Summon Magistrate
§ 11.48 Written Issue Not Necessary
§ 11.49 Order of Argument
§ 11.50 Costs
§ 11.51 Record of Proceedings
§ 11.52 Proceedings Had in Vacation
§ 11.53 Construing the Two Preceding Articles
§ 11.54 Court May Grant Necessary Orders
§ 11.55 Meaning of “Return”
§ 11.56 Effect of Discharge Before Indictment
§ 11.57 Writ After Indictment
§ 11.58 Person Committed for a Capital Offense
§ 11.59 Obtaining Writ a Second Time
§ 11.60 Refusing to Execute Writ
§ 11.61 Refusal to Obey Writ
§ 11.62 Refusal to Give Copy of Process
§ 11.63 Held Under Federal Authority
§ 11.64 Application of Chapter
§ 11.65 Bond for Certain Applicants
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Terms Used In Texas Code of Criminal Procedure Chapter 11 - Habeas Corpus

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Capital offense: A crime punishable by death.
  • Chambers: A judge's office.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • return: as used in this Chapter , means the report made by the officer or person charged with serving the writ of habeas corpus, and also the answer made by the person served with such writ. See Texas Code of Criminal Procedure 11.55
  • Testify: Answer questions in court.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.