File an Application for Writ of Habeas Corpus
In addition to the right to appeal, a person convicted of a criminal offense in Texas may file an application for writ of habeas corpus attacking a conviction. Habeas relief is an extreme remedy that is available only for certain constitutional violations and jurisdictional or fundamental defects.
The strict deadlines for appealing convictions (as mentioned above) do not apply to post-conviction habeas applications. And habeas applications – unlike direct appeals – can raise new facts and arguments that were not presented in the trial court and are not in the written record from the trial.
Obtaining habeas relief is not easy, and the first step is identifying a proper issue for habeas relief. For example, issues that have been raised and rejected on direct appeal or that could have been raised on direct appeal generally are not proper grounds for habeas relief. Some issues commonly raised in post-conviction habeas applications include ineffective assistance of counsel, involuntary guilty pleas, the State’s failure to disclose material, exculpatory evidence, the State’s use of false or perjured evidence at trial, and new evidence showing actual innocence.
After the Texas Court of Criminal Appeals had an opportunity to rule on your federal claim, you have the right to file an application for writ of habeas corpus in federal court.