Appeal

If you are not successful on either the direct appeal or the Petition for Discretionary Review, the next step would be a state writ of habeas corpus. Also, if you were not given permission for appeal, you may be able to go directly into a writ of habeas corpus.

In Texas, there are several types of post-conviction writs. What kind you will need to file will depend on what the outcome of your case was and what sentence you received.

But, a writ of habeas corpus is latin for “you have the body”. It is a legal vehicle to get back into to court and tell the State of Texas that you are illegally detaining an individual in violation of the constitution. The “great object” of the writ of habeas corpus “is the liberation of those who may be imprisoned without sufficient cause.” Ex parte Watkins, 28 U.S. 193, 202, 7 L. Ed. 650 (1830)

482515106-300x200 A very strange and appalling case out of a Fort Worth, Texas district court has made national news, but this time its not for the actions of the defendant. Judge George Gallagher from Tarrant County, Texas, ordered his bailiff to electrocute Terry Lee Morris with a stun belt when he would not directly answer the judge’s questions. The federal Fifth Circuit Court of Appeals has explained that the stun belt “delivers a 50,000 volt electrical shock to the wearer when activated.” Chavez v. Cocktrell, 310 F.3d 805, 807 n.1 (5th Cir. 2002). Morris was ultimately shocked three times.

Morris, who was on trial for soliciting sexual performance from a minor, was trying to object with the court proceeding with the trial and would not answer the judge’s questions directly. Morris was complaining that he had a pending lawsuit against the judge and his defense counsel in the case.

Gallagher ordered his bailiff to shock Morris. After the first shock, this exchange followed:

Articles Posted in Appeal

Part II: What is the Process After a Criminal Conviction in Texas State Court?

Texas Judge Ordered Defendant on Trial Electrocuted, Defendant Gets New Trial Ordered