I didn’t give the prosecutor enough credit, when I pre-guessed that his response would be “out of time”. But he did throw a procedural wrinkle at me: Municipal Court judges can’t grant a writ. From Article 11.05, Texas Code of Criminal Procedure:

Art. 11.05. By Whom Writ May Be Granted.

The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas corpus; and it is their duty, upon proper motion, to grant the writ under the rules prescribed by law.

Continue Reading Writ Update

Reading between the lines from this KXAN news story, “Man Faces Life In Prison for Perjury”:

A Liberty Hill man faces life in prison for aggravated perjury charges after claiming he was innocent following a plea bargain with the Williamson County District Attorney’s Office.

Prosecutors say Markus Peavy had made false statements in his plea bargain and the writ when claiming he was not guilty of DWI charges. Peavy is two years into a 55-year sentence for a fourth DWI conviction.

Continue Reading Perjury For Filing A Writ Of Habeas Corpus?