Requisitos para Solicitar un Habeas Corpus en Texas

Art. 11.14. APPLICATION REQUIREMENTS. (a) An application for a writ of habeas corpus must state substantially: 1. That the applicant is illegally restrained in the Statute text rendered on: 9/1/2024 - 212 - CODE OF CRIMINAL PROCEDURE applicant's liberty, and by whom, naming both parties, if their names are known, or if unknown, designating and describing them; 2. When the applicant is confined or restrained by virtue of any writ, order or process, or under color of either, a copy shall be annexed to the application, or it shall be stated that a copy cannot be obtained; 3. When the confinement or restraint is not by virtue of any writ, order or process, the application may state only that the applicant is illegally confined or restrained in the applicant's liberty; 4. There must be a prayer in the application for the writ of habeas corpus; and 5. Oath must be made that the allegations of the application are true, according to the belief of the applicant or petitioner. (b) In addition to the requirements under Subsection (a), a petitioner must state in the application and under oath that the petitioner is presenting the application with the applicant's knowing and voluntary consent. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by: Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 9, eff. September 1, 2023.