By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Constitutional habeas corpus, not article
11.07 of the Code of Criminal Procedure, applies to juvenile proceedings [In re
Debrow] (01-1-18).
On February 14, 2001, the San Antonio Court of Appeals denied a petition for
writ of mandamus to require a juvenile court judge to rule on an application for
writ of habeas corpus filed under article 11.07 of the Code of Criminal
Procedure. The Court of Appeals denied mandamus on the ground that habeas
proceedings in juvenile cases are governed by the Texas Constitution, not by
article 11.07 of the Code of Criminal Procedure.
¶ 01-1-18. In re Debrow, UNPUBLISHED, No. 04-01-00095-CV, 2001 WL 121103, 2001
Tex.App.Lexis ___ (Tex.App.—San Antonio 2/14/01)[Texas Juvenile Law (5th
Edition 2000)].
On January 31, 2001, the relator, Edwin Carl Debrow, petitioned this court for a
writ of mandamus. The relator stated in his petition that he had applied for a
writ of habeas corpus under article 11.07 of the Code of Criminal Procedure, and
complained that the trial court had not ruled on his application. Article 11.07,
however, does not apply to juvenile dispositions. See Tex.Code Crim.Proc.Ann.
art. 11.07 (Vernon Supp.2000) (stating that application under this article
applies when applicant seeks relief from a felony judgment); see Tex.Fam.Code
Ann. 54.02(h) (stating that criminal proceedings against juvenile certified to
stand trial as an adult will be governed by Code of Criminal Procedure) (Vernon
Supp.2000). Instead, article V, section 8 of the Texas
constitution applies to an application for writ of habeas corpus in a proceeding
under the juvenile justice code. Tex. Const. art. V, § 8; see M.B. v. State,
905 S.W.2d 344, 346 (Tex.App.--El Paso 1995, no pet.)See Tex.R.App.P. 52(j). The
relator's petition does not comply with the rules of appellate procedure. See
id. R. 52. Accordingly, the petition for writ of mandamus is DENIED. Tex.R.App.P.
52.8(a).
Constitutional habeas corpus, not article 11.07 of the Code of Criminal
Procedure, applies to juvenile proceedings [In re Debrow] (01-1-18).
On February 14, 2001, the San Antonio Court of Appeals denied a petition for
writ of mandamus to require a juvenile court judge to rule on an application for
writ of habeas corpus filed under article 11.07 of the Code of Criminal
Procedure. The Court of Appeals denied mandamus on the ground that habeas
proceedings in juvenile cases are governed by the Texas Constitution, not by
article 11.07 of the Code of Criminal Procedure.
¶ 01-1-18. In re Debrow, UNPUBLISHED, No. 04-01-00095-CV, 2001 WL 121103, 2001
Tex.App.Lexis ___ (Tex.App.—San Antonio 2/14/01)[Texas Juvenile Law (5th
Edition 2000)].
On January 31, 2001, the relator, Edwin Carl Debrow, petitioned this court for a
writ of mandamus. The relator stated in his petition that he had applied for a
writ of habeas corpus under article 11.07 of the Code of Criminal Procedure, and
complained that the trial court had not ruled on his application. Article 11.07,
however, does not apply to juvenile dispositions. See Tex.Code Crim.Proc.Ann.
art. 11.07 (Vernon Supp.2000) (stating that application under this article
applies when applicant seeks relief from a felony judgment); see Tex.Fam.Code
Ann. 54.02(h) (stating that criminal proceedings against juvenile certified to
stand trial as an adult will be governed by Code of Criminal Procedure) (Vernon
Supp.2000). Instead, article V, section 8 of the Texas
constitution applies to an application for writ of habeas corpus in a proceeding
under the juvenile justice code. Tex. Const. art. V, § 8; see M.B. v. State,
905 S.W.2d 344, 346 (Tex.App.--El Paso 1995, no pet.)See Tex.R.App.P. 52(j). The
relator's petition does not comply with the rules of appellate procedure. See
id. R. 52. Accordingly, the petition for writ of mandamus is DENIED. Tex.R.App.P.
52.8(a).