Ex parte Brooks, 69015
Decision Date | 21 July 1982 |
Docket Number | No. 69015,69015 |
Citation | 637 S.W.2d 955 |
Parties | Ex parte Charles Elton BROOKS. |
Court | Texas Court of Criminal Appeals |
The applicant has filed in the convicting court a petition for habeas corpus relief from a final felony conviction. It makes a number of allegations; it is signed by the petitioner, and it ends with the jurat,
It took no other action.
It is apparent that the State and the convicting court have misread Young and Jackson, supra. Young examined the then-recent revision of V.A.C.C.P. Article 11.07, Sections 2 et seq., which govern applications for habeas corpus relief from final felony convictions. The court noted that, while a statute permits most habeas corpus petitions to be sworn on belief, * such a qualified oath "would not meet the requirement that the post conviction petition contain sworn allegations of fact...." 418 S.W.2d at 829. Petitions have been denied which were sworn "to the best of [his] information and belief," Ex parte Jackson, supra, or to the best of the applicant's belief, Ex parte Eiland, 420 S.W.2d 955 (Tex.Cr.App.1967).
The oath on this petition is not deficient. Chevallier v. Henry H. Williams & Co., 2 Tex. 239, 242 (1847). It is not sworn on belief or qualified in any way. It meets the...
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Ex parte Emmons
...to Article 11.07 must be properly verified. See e.g. Ex parte Eiland, 420 S.W.2d 955 (Tex.Cr.App.1967), and compare Ex parte Brooks, 637 S.W.2d 955 (Tex.Cr.App.1982) and Ex parte Burns, 635 S.W.2d 744 (Tex.Cr.App.1982). An examination of the application filed in this case clearly discloses ......
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Ex parte Johnson
...law and in fact to raise factual allegations which are material to the legality of the applicant's confinement. Compare Ex parte Brooks, 637 S.W.2d 955 (Tex.Cr.App.1982). Before addressing the merits of applicant's writ application, we must initially determine whether applicant has properly......
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Ex parte Golden
...Delivered May 12, 1999. Publish. 1 Because a former version of Art. 11.07 had its own oath requirement, we held in Ex parte Brooks, 637 S.W.2d 955 (Tex. Crim. App. 1982), that Art. 11.14(5) did not apply to habeas corpus applications challenging final felony convictions. See Ex parte Johnso......
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Murphy v. State
...insufficient. See Ex parte Young, 418 S.W.2d 824 (Tex.Cr.App.1967); Ex parte Jackson, 616 S.W.2d 625 (Tex.Cr.App.1981); Ex parte Brooks, 637 S.W.2d 955 (Tex.Cr.App.1982). Therefore, "intent," like "belief," merely refers to the subjective state of the mind of the defendant. In this instance......