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Habeas Corpus: State

A person convicted in state court can bring a habeas corpus action in the Court of Criminal Appeals, pursuant to Article 11.07 of the Texas Code of Criminal Procedure, at any time after a conviction.

Many criminal lawyers do not have any experience representing clients in habeas corpus proceedings. On the other hand, Broden & Mickelsen handles many habeas corpus cases per year. For example, the firm has won a habeas proceeding before the Court of Criminal Appeals that resulted in the vacating of a client's seven year sentence for aggravated assault.  Likewise, just recently, the firm won a habeas proceeding before the Court of Criminal Appeals which resulted in a client's thirty year sentence being reduced to a ten year sentence.

Most important, Broden & Mickelsen believes in being fair with its clients. We normally will charge a small fee in order to evaluate the merits of a habeas claim since there are only limited grounds for relief in such proceedings. For that fee, we will review the case and conduct whatever investigation and research is necessary. We will also meet with the client in person at the place in which he is incarcerated.  At that point, we will prepare a detailed report analyzing our findings. Often we will truthfully tell a client that a habeas motion will not be successful thereby saving the client, and often the client's family, a significant amount of money. At the same time, we will be aggressive in finding ways that might support an attack on the conviction and, if after consulting with the client, they wish to go further, we will charge a reasonable fee to complete the habeas motion and represent the client in federal court.