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State v. Collazo

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eBook details

  • Title: State v. Collazo
  • Author : Wisconsin Court of Appeals
  • Release Date : January 01, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

The State of Texas challenges an order issued by County Criminal Court at Law No. 11, granting appellee, Eusebio Collazo Jr., relief on his application for writ of habeas corpus. We address five issues: (1) whether the county court at law lacked jurisdiction to grant the application for writ of habeas corpus absent a showing of confinement; (2) whether the county court at law erred in granting the application for writ of habeas corpus without a showing that appellees original guilty plea was involuntary; (3) whether the county court at law erred in granting the application for writ of habeas corpus because appellee did not suffer consequences from an ex post facto law; (4) whether the county court at law erred in granting habeas corpus relief because the remedy for an impermissible ex post facto law does not require or authorize the court to vacate appellees lawfully obtained conviction; and (5) whether the county court at laws actions in granting habeas corpus relief amounted to an impermissible exercise of the clemency powers assigned exclusively to the executive branch of state government. See Tex. Code Crim. Proc. Ann. art. 11.09 (Vernon 2005). We vacate the county courts order granting appellee the relief sought, and order the application dismissed. See Tex. R. App. P. 43.2(e).


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