Legal Question in Criminal Law in Texas

Defalut Judgement

Since the district court has failed to rule on my 11.07 in three years, I filed a writ with the Court of Criminal Appeals. They ordered district court to ule on the 11.07 but they have not. Their last deadline to do so was a month ago.

Can I file a default judgement with the court of criminal appeals and if it is denied, will I still be allowed to file my federal writ or will the default judgement close the door on me?


Asked on 7/23/03, 12:51 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Defalut Judgement

District Courts do not rule on 11.07 writs. Only the Court of Criminal Appeals rules on 11.07 writs. The only thing the District Court does is to conduct the hearing on the 11.07 writ application. If the District Court failed to conduct a hearing ordered on an application for an 11.07 writ, you may file an application for writ of Mandamus directed to the District Judge, or you may contact the Court of Criminal Appeals (Richard Wetzel if he is still around) and ask what procedure the Court of Criminal Appeals would like you to file under these circumstances and what specific procedures the Court requires for Mandamus.

http://www.reasonable-doubt.com

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Answered on 7/23/03, 3:13 pm


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