§ 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 Granted
§ 11.051 Filing Fee Prohibited
§ 11.06 Returnable to Any County
§ 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 Charged With Felony
§ 11.09 Applicant Charged With Misdemeanor
§ 11.10 Proceedings Under the Writ
§ 11.11 Early Hearing
§ 11.12 Who May Present Petition
§ 11.13 Applicant
§ 11.14 Requisites of Petition
§ 11.15 Writ Granted Without Delay
§ 11.16 Writ May Issue Without Motion
§ 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

Terms Used In Texas Code of Criminal Procedure Chapter 11 - Habeas Corpus

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Capital offense: A crime punishable by death.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Dependent: A person dependent for support upon another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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.
  • Juror: A person who is on the jury.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Testify: Answer questions in court.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
  • Week: means seven consecutive days. See Texas Government Code 311.005