Ex parte Eiland
| Decision Date | 29 November 1967 |
| Docket Number | No. 40860,40860 |
| Citation | 420 S.W.2d 955 |
| Court | Texas Court of Criminal Appeals |
| Parties | Ex parte James A. EILAND. |
James A. Eiland, pro se.
Leon B. Douglas, State's Atty., Austin, for the State.
This is a habeas corpus proceeding, the applicant being confined under sentence of 5 to 20 years under the conviction affirmed by this Court in Eiland v. State, Tex.Cr.App., 365 S.W.2d 12.
The petition presented to this court and ordered filed does not comply with Art. 11.07 of the 1965 Code of Criminal Procedure as amended by the 60th Legislature in that it is sworn to the true only to the best of applicant's belief, and fails to comply with the requirements laid down in Ex parte Young, Tex.Cr.App., 418 S.W.2d 824, Art. 11.07 as amended, in that it is not shown that said petition or one containing like allegations of fact has been presented to and denied by the judge of the 175th District Court of Bexar County, where the conviction occurred.
The petition will be denied without prejudice to applicant's right to obtain a hearing in the 175th District Court by petition meeting the requirements of Art. 11.07 as amended and the opinion in Ex parte Young, supra, under which opinion the District Judge conducting the hearing may, in the event he finds that the applicant has been denied his constitutional right to counsel on appeal, appoint counsel to represent him in a delayed appeal from said conviction. Ex parte Mixon, Tex.Cr.App., 396 S.W.2d 417; Crawford v. Beto, 383 F.2d 604 (5th Cir., Oct. 9, 1967).
The petition is denied without prejudice.
ONION, J., not participating.
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Ex parte Emmons
...reiterated that an application for writ of habeas corpus pursuant 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 ex......
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Ex parte Johnson
...of fact.' (emphasis in original) This Court thus interpreted Art. 11.07 to require an unqualified oath. See Ex parte Eiland, 420 S.W.2d 955 (Tex.Cr.App.1967) (petition sworn to be true only to best of applicant's belief fails to comply with Art. 11.07); Ex parte Jackson, 616 S.W.2d 625 (Tex......
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Ex parte Golden
...616 S.W.2d 625 (Tex. Crim. App. 1981)(denied); Ex parte Kanaziz, 423 S.W.2d 319 (Tex. Crim. App. 1968)(dismissed); Ex parte Eiland, 420 S.W.2d 955 (Tex. Crim. App. 1967)(denied without prejudice); Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967)(denied without prejudice). A dismissal m......
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Eiland v. State
...with the opinion of this Court in which we denied appellant's petition for writ of habeas corpus without prejudice in Ex parte Eiland, Tex.Cr.App., 420 S.W.2d 955. Upon presentation of the petition for the writ to Judge Semaan of the 175th Judicial District Court of Bexar County, counsel wa......