Rule 73.

1997 Rules of Appellate Procedure

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RULE 73. POSTCONVICTION APPLICATIONS FOR WRITS OF HABEAS CORPUS

73.1 Summary Sheet. When a district clerk transmits the record in a postconviction application for habeas corpus under Code of Criminal Procedure articles 11.07 or 11.071, the district clerk must prepare and transmit a summary sheet that includes the following information:

(a) the convicting court’s name and county, and the name of the judge who tried the case;

(b) the applicant’s name, the offense, the plea, the cause number, the sentence, and the date of sentence, as shown in the judgment of conviction;

(c) the cause number of any appeal from the conviction and the citation to any published report ;

(d) whether a hearing was held on the application, whether findings of fact were made, any recommendation of the convicting court, and the name of the judge who presided over the application.

The Court of Criminal Appeals may by order adopt a form of summary sheet that the district clerks must use.

73.2 Action on Application. The Court may deny relief based upon its own review of the application or may issue such other instructions or orders as may be appropriate.

Notes and Comments
Comment to 1997 change: This is former Rule 4 of the Appendix for Criminal Cases. The rule is amended without substantive change.

Last modified: November 08, 2001