Q: criminal case in TX, can a defendant be time barred in filing a motion of any kind
Court appointed attorney filed appeal and COA, affirmed it. Defendant filed a Motion for extension of time to file petition for discretionary review, but was denied. He also filed a motion asking the District court for more time in filing 1107 as he is doing it as prose. So question: Does the defendant get time bared for filing any 1107s motions for review. Does he file with district that heard his case or file with court of criminal appeals. He has not received any response from motion asking for more time.
A: There are certainly some motions that are time barred, with strict deadlines. Others, such as 11.07, can be filed at any time.
A: There are certainly some motions that are time barred, with strict deadlines. Others, such as 11.07, can't (maybe shouldn't is the right word?) even be filed until AFTER the conviction is final.
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