If you are not successful on either the direct appeal or the Petition for Discretionary Review, the next step would be a state writ of habeas corpus. Also, if you were not given permission for appeal, you may be able to go directly into a writ of habeas corpus. In…
In 2014, the Texas Court of Criminal Appeals upheld a challenge to the constitutionality of Texas’s law on improper photography or visual recording. Texas Penal Code § 21.15(b)(1) was found unconstitutional on its face in Ex parte Thompson, [Sept. 17, 2014], “to the extent it proscribes the taking of photographs…
On October 30, 2013, the Texas Court of Criminal Appeals held that Texas Penal Code §33.021(b) was unconstitutionally overbroad. The Court ruled that the language in subsection (b) is language that is either already criminalized in another penal code section or is constitutionally protected free speech. Ex parte Lo, 424…
In the first part of our Hannah Overton blog, we reviewed the facts of her 2007 capital murder trial and the procedural aspects of the case that placed her back in court. She was found guilty by omission in the poisoning death of 4-year-old Andrew Burd and sentenced to life…
Hannah Overton, who is currently serving a life sentence without the possibility of parole, is back in the 214th District Court in Nueces County, Texas for a hearing on her application for a writ of habeas corpus with her writ lawyers lead by Cynthia Orr and assisted by Gerry Goldstein,…