What Is the Most Common Type of Post-Conviction Relief in Texas?
When someone is convicted of a crime in Texas, the legal process doesn’t always end with the trial or even the direct appeal. For many people, there are still options to challenge their conviction or sentence through post conviction relief - a legal process designed to correct injustices that occurred during or after the trial.
But what is the most common type of post-conviction relief?
In Texas, that’s the writ of habeas corpus, under Article 11.07 of the Texas Code of Criminal Procedure.
Understanding Post-Conviction Relief
Post-conviction relief is a legal remedy that allows a person who has already been convicted to challenge their conviction or sentence.
It is different from a direct appeal. Appeals focus on legal errors that occurred in the trial record. Post conviction proceedings allow a deeper look into issues that may not have appeared in your loved one's trial record, such as:
- Ineffective assistance of counsel
- New evidence of innocence
- Prosecutorial misconduct or withheld evidence (Brady violations)
- Constitutional violations
- Invalid pleas or coerced confessions
These are issues that can’t always be reviewed on direct appeal, making post-conviction relief a crucial step in the justice process.
The Most Common Form: The Writ of Habeas Corpus (Article 11.07)
In Texas, and in our practice here at Blizzard and Zimmerman, the writ of habeas corpus under Article 11.07 is by far the most common and important form of post-conviction relief for people convicted of felonies.
The phrase habeas corpus literally means “you have the body.” It’s a centuries-old legal principle that protects individuals from unlawful imprisonment. Under Article 11.07, a person serving a prison sentence can file a writ petition asking the courts to review whether their conviction or sentence violated their constitutional rights.
This process allows the Texas Court of Criminal Appeals - the state’s highest criminal court - to review claims that go beyond what was raised on direct appeal. The writ can challenge errors such as:
- Ineffective assistance of counsel: (when your loved one's trial or appellate attorney’s poor performance affected the outcome of their case)
- New evidence of innocence: such as recanted testimony or DNA evidence
- Prosecutorial misconduct: including failure to disclose exculpatory evidence
- Due process violations: such as coerced confessions or juror bias
Why Habeas Corpus Is So Common - and So Critical
For many incarcerated individuals, a writ of habeas corpus is the only remaining legal path to challenge their conviction. Once the appeals process is over, the habeas process often becomes the last resort for justice. But remember, you get only one chance with the Habeas Corpus Writ.
It’s also one of the few ways the courts can address constitutional violations that occurred outside the trial record. This would include: hidden evidence, false testimony, or legal representation failures.
Because of its broad reach and importance, the 11.07 writ has become the cornerstone of post-conviction practice in Texas. It provides a way to bring new facts and legal arguments before the courts, sometimes years after a conviction, when other legal avenues have closed.
Other Forms of Post-Conviction Relief
While the 11.07 writ is the most common, there are other forms of post-conviction relief available in Texas, depending on the situation:
- Article 11.071 - Applies only to death penalty cases
- Article 11.072 - For those serving probation or community supervision
- Article 11.09 - For misdemeanor convictions
- Federal habeas corpus - Filed in federal court after state remedies are exhausted
- Actual innocence claims - Based on newly discovered evidence
- Clemency or pardons - Requests to the Governor of Texas
Each of these serves a unique purpose, but none are as widely used - or as essential - as the 11.07 writ.
How Blizzard & Zimmerman Post Conviction Attorneys Help
At Blizzard & Zimmerman Attorneys, our post conviction team is experienced in identifying legal errors and developing strong habeas petitions on behalf of incarcerated individuals across Texas.
We dig deeply into the trial record, investigate new evidence, and uncover constitutional violations that can make the difference between continued imprisonment and freedom.
If your loved one has been convicted and you believe something went wrong in their case, we can help you explore whether an 11.07 writ - or another post conviction remedy - is available.
Take the Next Step Toward Justice
Post-conviction relief is complex, but you don’t have to navigate it alone.
Contact Blizzard & Zimmerman Attorney today for a no-cost case review of your loved one’s situation. Our team can determine the best path forward to challenge an unjust conviction and fight for their second chance at freedom.
