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Successive Texas Habeas Corpus Defined
Loaded on Nov. 15, 1998
published in Prison Legal News
November, 1998, page 20
The Texas Court of Criminal Appeals has held that a state post-conviction petition for a writ of habeas corpus (petition) which does not challenge the prosecution or judgment does not count as a first petition for purposes of the state law restricting successive petitions, Article 11.07, Section 4, Texas Code …
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More from this issue:
- Virginia Prisons 'Wide Open to Business', by Dan Pens
- State Audit Exposes VCE Mismanagement
- Texas May Not Retroactively Stop Mandatory Release
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Restorative Justice Booklet Available, by Dan Pens
- Youngstown Break-Out Leads to Political, Financial Fall-Out, by Alex Friedmann
- Fired SCI Greene Guards Regain Jobs
- News in Brief
- No Refund of PLRA Fees
- PLRA Termination Provision Constitutional in Eleventh Circuit
- MT Prisoners Win Damages and Fees in Riot Suit
- No Exhaustion Required in Guard Attack
- Failure to Exhaust Administrative Remedies Not Jurisdictional
- State Auditor Blasts Texas Correctional Industries
- DC Circuit Resurrects Hewitt v. Helms
- Abuses Continue at Private INS Facility, by Alex Friedmann
- NY Seg Case Dismissed on Remand
- With Advocates Lke These: Capitulation, Collaboration and CURE-Ohio, by Paul Wright
- Texas Prisoners Bake to Death, by Alex Friedmann
- No Immunity in Failure to Protect Informant Suit
- Hawaii Prisoners Challenge 'Sex Offender' Label
- NC AG Opinions Reversed in Consecutive Sentence Servitude, by Roger Grubb
- Washington Good Time Loss Implicates Due Process
- Medical Restraint Requires Doctor's Supervision
- Successive Texas Habeas Corpus Defined
- ADA/RA Apply to Jails and Give Deaf Right to TDD
- No Qualified Immunity for Private Health Care Provider
- Liberty Interest Created By Fine
- Holding Pretrial Detainee in Prison May Violate Due Process
- Colorado Supreme Court Holds Utility Commission Lacks Jurisdiction Over Prison Phone Gouging
- BOP Sentence Reduction Granted to Non-Violent Offender
- Trial Required in Kosher Diet Claim
- D.C. Smoking Injunction Reversed
- Segregation Requires Less Due Process
- $28,719 Assessed Against Pro Se Litigant
More from these topics:
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- California Supreme Court Limits Money Bail for Nonviolent Charges, July 1, 2026. Conditions of Confinement, Sentencing, Due Process, Constitutional Challenges/Law, Pretrial Detention and Detainees.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026. Parole, Equal Protection Clause/Claims, Juvenile Offenses/Offenders, Credits, Prison Regulations.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.