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Case of the Day

Case of the Day

Villanueva v. State

The court of appeals has jurisdiction to hear the defendant's appeal of a trial judge's decision to deny his CCP art. 11.072 writ of habeas corpus application as frivolous because the trial judge refused to consider the merits of his claims. By enacting CCP art. 11.072, the Legislature superseded caselaw that gave no right of appeal when a trial judge refuses to issue a writ or have a hearing on the merits. Under §8 of the statute, a court of appeals does have jurisdiction to hear an appeal from the denial of a writ application. Villanueva v. State, PD-1836-06.

Issues in Prosecution

Issues in Prosecution