Texas Attorney General Opinion: JM-608 Page: 1 of 3
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THE ATTORNEY GENERAL
OF TEXAS
December 30, 1986
Jut MATTOX
AfTOREKY GENERAL
Honorable John B. Holmes, Jr. Opinion.No. JM-608
District Attorney
201 Fannin, Suite 200 Re: Time allowed for state to file
Houston, Texas 77002 answer in an application for writ of
habeas corpus under article 11.07 of
the Code of Criminal Procedure
Dear Mr. Holmes:
You ask about the time period in which the district attorney is
allowed to file an answer to a petition for writ of habeas corpus
under article 11.07 of the Code of Criminal Procedure. You want to
know whether it is appropriate for the district clerk's office to
calculate the date the state's answer is due from the date of filing
with the clerk's office, rather than the date of receipt of a copy of
the writ by the district attorney's office.
Section 2(b) of article 11.07 of the Code of Criminal Procedure
provides:
(b) Whenever a petition for writ of habeas
corpus is filed after final conviction in a felony
case, the clerk shall transfer or assign it to the
court in which the conviction being challenged was
obtained. When the petition is received by that
court, a writ of habeas corpus, returnable to the
Court of Criminal Appeals, shall issue by opera-
tion of law. The clerk of that. court shall make
appropriate notation thereof, assign to the case a
file number (ancillary to that of the conviction
being challenged), and send a copy of the petition
by certified mail, return receipt requested, to
the attorney representing the state in that court,
who shall have 15 days in which it may answer the
petition. Matters alleged in the petition not
admitted by the state are deemed denied.
(Emphasis added).
You inform us that the district clerk's office maintains that the
state's answer is due 15 days after the date of filing with theirp. 2716
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-608, text, December 30, 1986; (https://texashistory.unt.edu/ark:/67531/metapth273046/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.