Terms Used In Texas Code of Criminal Procedure 11.51

  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

If a writ of habeas corpus be made returnable before a court in session, all the proceedings had shall be entered of record by the clerk of the court, as in any other case in the court. When the application is heard out of the county where the offense was committed, or in the court of criminal appeals, the clerk shall transmit a certified copy of all the proceedings on the application to the clerk of the court which has jurisdiction of the offense.