Habeas Corpus is not relevant to the dismissal of a motion at the appellate level. A state court of appeals is the last court of resort with the exception of the state's supreme court which is in most instances is a the appellate court. The US Supreme Court reviews and sometimes hears cases that involve the violation or infringement of a US citizen's Constitutional rights.
If you are wanting to file an 11.07 writ of habeas corpus, the form is located on the Court of Criminal Appeals website. I believe all prison libraries in Texas also have paper copies available. You must use the form exactly. If you are filing a different type of writ, you will just apply by writing a motion.
It means that whatever the subject of the motion or writ was, it was reviewed by the judge and he denied it.
If this is in the US and they did not come get you. You file a Habeas Corpus demanding your release and a motion for the dismissal of the case against you on the grounds that the victim has surely abandoned the case. The evidence being that they did not retrieve you from the place of incarceration. The Habeas Corpus will contain these same bodies of evidence.Clarification of the above answer: You would file a Writ of Habeus Corpus for your release with the jurisdiction that is holding you.As for filing any further actions with the court regarding "abandoned" charges, you would have to file them in the state of the origin or the charges, NOT with the state that held you for extradition. The state that held you for extradition has no jurisdiction to dismiss the criminal charges of another state.
No. If the dismissal was denied that means the case will proceed to trial.
If you've already been sentenced, you probably need a Petition for Habeas Corpus. You should probably talk to an attorney that specializes in post conviction work. This is a fairly sophisticated area of the law, and a layman would probably have a difficult time navigating it.
Www
Hire expert immigration lawyer and File for Motion.
The petitioner waits for the motion to be either granted or denied. If granted the verdict will be thrown out and a new trial ordered, if denied the original verdict will stand.
If the court denied the motion for garnishment 'with prejudice,' it cannot be refiled. If the court denied the motion for garnishment 'without prejudice,' it can be refiled.
If you were tried and sentenced, it is hard to withdraw your plea and be tried again. Why don't you ask your lawyer? If you are totally confused about what your lawyer told you, you need to tell the judge when he sentences you. You are entitled to know what is going on. Your jail or prison has provisions for post conviction relief. You need to check there to find out your next step. There are a number of procedures that are possible. Some must follow a particular order. It is like baseball. In baseball, if you skip a base and go to the wrong one first, you are out. Some procedures have a time limit. Some Federal Judges have bounced an inmates first attempt with the rubber stamp, "You did not send this to state court first." Then after the inmate sent it to state court, the same federal judge bounced the same motion with a rubber stamp that said something like, "You have already used your one turn at an attempt for a petition for a writ of habeas corpus." Another inmate had just gotten relief from the same judge on the same issue! 1. Final Sentencing. 2. Direct Appeal. 3. Petition for State Habeas Corpus or Equivalent 4. Direct Appeal for Petition of State Habeas Corpus or Equivalent 5. Petition for State Appeal or Supreme Court Habeas Corpus 6. (Rarely when next level down has issued conflicting rulings: Petition for State Supreme or Appeal Court Certification) 7. Petition for Federal Circuit Court Habeas Corpus 8. Petition for Federal Appeal Court Review 9. (Almost never works: Petition for Federal Supreme Court Certification)
Overturned by the judge (e.g.: a "runaway" jury) or, reversed on appeal to a higher court.
This is why you need a lawyer. Yes, it can, unless you file a motion with the court to stay the foreclosure until your motion to reconsider is disposed of. And if your c. 13 was denied, chances are slim to none you will prevail in your motion to reconsider, unless you clearly understand why it was denied and have corrected the problem.