Texas Habeas Corpus
(11.07 Applications)
You may have an alternate path to overturn your conviction: an application for a writ of habeas corpus under Texas Article 11.07, better known as an 11.07 application.
This page is for Texas state prisoners whose rights were violated during arrest, trial, or sentencing.
After you’re convicted of a felony in Texas, your logical next step is often a direct appeal. Even if you lose that appeal, you may have an alternate path to overturn your conviction: an application for a writ of habeas corpus under Texas Article 11.07–better known as an 11.07 application.
While both appeals and 11.07 applications happen after conviction, they are separate legal actions.
Crucially, through an 11.07 application, you may raise claims that were not addressed or could not have been raised on direct appeal, such as new evidence not available at your original trial.
I’ve dedicated my career to helping litigants in these situations. I keep my caseload intentionally small so that I can give all of my clients the time, care, and attention they need as we pursue justice–together.
Jessica Graf Is Board Certified® in Criminal Appellate Law
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Fewer than 150 Texas attorneys are Board Certified® in criminal appellate law.
Jessica Graf Law >> Texas Post-Conviction Relief >> Texas Habeas Corpus (11.07)
Why Work With Me on Your Texas Habeas Corpus (11.07) Application?
Before going into private practice, I served as a Briefing Attorney to two judges on the Texas Court of Criminal Appeals (“CCA”). The CCA is Texas’ highest criminal court.
Through working hundreds of criminal appeals, I gained unique insight into how Texas appellate judges evaluate cases.
I use that insight to guide my work, focusing on judge-friendly briefing and clear, honest communication with you about your odds and the road ahead.
How Texas Habeas Petitions Work
Learn more about the process, requirements, and where to start.
What Is An 11.07 Application?
An 11.07 application is essentially a request. In an 11.07, you tell the Texas courts:
“My conviction and prison sentence is so unfair, it’s unconstitutional.”
Of course, your 11.07 application must explain why your conviction or sentence was unfair. Your reasons may include:
Ineffective assistance of trial or appellate counsel
Examples: An attorney who failed to call a critical witness, did not investigate key evidence, or missed an important deadline.
Newly discovered evidence or witnesses
DNA testing that wasn’t available at the time of trial, a new witness who has come forward, or even expert testimony.
Prosecutorial misconduct
The State or prosecutor hiding evidence that could have helped the defense, relying on testimony later shown to be false, or making improper arguments to support their case against you.
Involuntary Plea
You were misled into pleading guilty and did not understand the consequences of your plea.
Who Can File
You are eligible to file an application for habeas corpus relief under Article 11.07 if:
- You were convicted of a felony offense, AND
- Are incarcerated OR are suffering collateral consequences of conviction (such as parole), AND
- Did not receive the death penalty.
Can I raise the same issues in an 11.07 that I already raised on appeal?
Generally, no. The Texas Court of Criminal Appeals does not allow you to simply re-argue the same issues that were already decided in your direct appeal. If the court has already ruled on a claim, you cannot use habeas to get a second bite at the apple. However, if new evidence supports an issue that was previously raised—or if your appellate lawyer was ineffective in raising it—you may be able to reframe the claim in an 11.07 application.
Should I file an appeal or a writ of habeas corpus?
While you can file for an appeal and a writ of habeas corpus under 11.07, typically, you’ll file and exhaust your right to a direct appeal first, for several reasons:
Deadlines
A direct appeal must be filed within 30 days of sentencing, while an 11.07 habeas corpus petition has no strict deadline.
Timing
The court will not consider an 11.07 habeas application while your direct appeal is ongoing–you must wait for the appeal process to end first.
Difficulty
Habeas (11.07) relief is more difficult to obtain, so it’s often treated as a last resort to be used only if your appeal is denied.
Complexity
Appeals are generally faster because they focus on what already happened at trial, while a writ of habeas corpus under 11.07 may include gathering new evidence and holding more hearings.
Claim Preservation
Some issues must be raised on direct appeal, or they may be “waived” (meaning you cannot raise them again later).
Don’t Wait — Protect Your Right to Habeas Review
Habeas corpus is not “just” an appeal: it is one of the most complex areas of criminal law.
Timing is important because courts are less likely to consider your application if too much time has passed.
I offer a free 30-minute intake call to assess if I can help you.
Schedule a Consultation
Habeas corpus is not “just” an appeal: it is one of the most complex areas of criminal law. Timing is important because courts are less likely to consider your application if too much time has passed.
I offer a free 30-minute intake call to assess if I can help you.