Writ Update

Courtesy Austin Criminal Defense Lawyer  Thu, 12/17/2009 - 4:45pm

I didn’t give the prosecutor enough credit, when I pre-guessed that his response would be “out of time ”.

But he did throw a procedural wrinkle at me: Municipal Court judges can’t grant a writ. From Article 11.05, Texas Code of Criminal Procedure:

Art. 11.05.

By Whom Writ May Be Granted.

The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ...



 

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