What is the procedure for filing a writ of habeas corpus?
First, all direct appeals must be final. Then the first step is to file an application for writ of habeas corpus in the state district Court which the defendant was convicted in. From there, it proceeds to the Court of Criminal Appeals. If the state writ is unsuccessful, the defendant can seek relief in federal Court. There are very strict deadlines for going into federal Court. The Process is not as complex as it seems, but anyone seeking habeas relief must have an attorney with knowledge of all the intricate steps necessary for preservation of issues. If the writ is sought after conviction in federal Court, the writ must be filed with the federal district of conviction and then appeal, if granted, is to the United States Court of Appeals for the Fifth Circuit.
