Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The trial court denied Jeffrey Jagneaux‟s application for habeas corpus. Jagneaux is confined in county jail pending trial in three cases. He sought pre-trial release through a reduction of bail.

This Court‟s jurisdiction depends on whether the trial court ruled on the merits of the application for habeas relief, rather than simply ruling on the request for issuance of a writ. See Ex parte Hargett, 819 S.W.2d 866, 868-69 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). Issuing the writ of habeas corpus is not the same as determining the merits of the habeas claim. See Hargett, 819 S.W.2d at 869. The writ is an order directed to anyone having a person in custody to produce the person at a time and place stated in the order, and to show why the person is held in custody. Ex parte Williams, 200 S.W.3d 819, 820 n.2 (Tex. App.–Beaumont 2006, no pet.). The trial court must grant the writ without delay unless it is manifest from the application, or some document annexed to it, that the party is entitled to no relief whatsoever. Id. When a court decides the merits of the application, the court is considered to have issued the writ and has rendered a final judgment in the separate habeas corpus action. See Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005) (orig. proceeding) (citing 43B GEORGE E. DIX & ROBERT O. DAWSON, TEXAS PRACTICE: CRIMINAL PRACTICE AND PROCEDURE § 47.51, at 219-20 (2d ed. 2001)). “”An order denying relief on the merits is a final judgment in the habeas corpus proceeding’” and “”is immediately appealable by the unsuccessful petitioner.‟” Id.; see Ex parte Williams, 200 S.W.3d at 820 (“An appeal is available only if the trial court considers and resolves the merits of the petition.”); see also Hargett, 819 S.W.2d at 868-69.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


African Legal Awards 2021

September 03, 2021

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Legal Secretary- Experienced

Miami, Florida, United States

Miami Law Firm seeks experienced Legal Secretary withminimum 5+ years experience in Plaintiff's Personal Injury for busy law practice.Comput...

Apply Now ›

Senior Attorney

Long Island City, New York, United States


Apply Now ›

E-Discovery Attorney - California (remote)

REMOTE, California, United States

TEMPORARY/FULL-TIME/SHORT-TERM:  Do you have some free time in the next few weeks?   If so, we can help you utilize it! ...

Apply Now ›



VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.

View Announcement ›



HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.

View Announcement ›



SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!

View Announcement ›