Terms Used In Texas Code of Criminal Procedure 11.59

  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

An applicant may obtain the writ of habeas corpus a second time by stating in an application therefor that since the hearing of the applicant’s first application important testimony has been obtained which it was not in the applicant’s power to produce at the former hearing. The applicant shall also set forth the newly discovered testimony; and if it be that of a witness, the affidavit of the witness shall also accompany the application.