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Legal Opinion · Dissent

Ex Parte Banks

Court of Criminal Appeals of Texas

Decided March 29, 1989No. 69302Published

1DissentClinton, Judge

Article I, § 12 of the Bill of Rights provides:

“The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual.”

When any person is restrained in his liberty, the writ of habeas corpus is the remedy to be used. Article 11.01, V.A.C.C. P. To make it speedy and effectual the Legislature has enacted, inter alia, the several provisions of Chapter Eleven, Code of Criminal Procedure.

Generally, once preliminary procedures have been accomplished and the matter is ripe for decision, the habeas judge or court shall…

2Cases cited29 opinions

  1. Ex Parte YoungCourt of Criminal Appeals of Texas · 1967
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. Ex Parte ColemanCourt of Criminal Appeals of Texas · 1978
  5. Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910

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