Garibay v. Terry

HUNSTEIN, Justice.

This Court granted Jesus Garibay’s application for a certificate of probable cause to appeal to address whether the habeas court erred in dismissing Garibay’s habeas petition for failure to prosecute where no written order was taken within five years even though the petition had been orally denied at an earlier hearing and all that remained in the proceeding was for the habeas court to enter an order memorializing its ruling. Concluding that Garibay’s petition was improperly dismissed, we reverse the habeas court’s order and remand this matter to the habeas court.

The facts…