When a Texas inmate loses in state court, families often ask: Is there anything else we can do? The answer, in some cases, is yes. After state remedies are exhausted, a conviction can sometimes be reviewed in the federal court system through a procedure called a writ of habeas corpus under 28 U.S.C. § 2254. This article explains the difference between state and federal review, when a case can “go federal,” and what families should understand about this difficult but important process.

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State vs. Federal Review

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In Texas, the main path for state post-conviction relief is an Article 11.07 habeas corpus application. This is filed in the trial court but ultimately decided by the Texas Court of Criminal Appeals (TCCA). State habeas petitions can raise issues outside the trial record, such as new evidence or ineffective assistance of counsel.

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Federal review is different. A federal habeas petition under § 2254 is filed in U.S. District Court and challenges the conviction on the basis of U.S. constitutional violations. Unlike a state writ, federal review does not re-try the case or second-guess every state ruling. Instead, it focuses only on whether the state courts’ decisions were contrary to, or an unreasonable application of, clearly established U.S. Supreme Court law. This is a high bar, making federal relief rare.

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Another key distinction is timing. Texas has no firm deadline for filing an 11.07 writ. Federal law, however, imposes a strict one-year statute of limitations. The clock usually starts when the conviction becomes final after direct appeals, if any are done. Filing a state writ pauses this clock, but once state remedies are done, the window to file federally is short.

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When a Case Can Go Federal

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Before a federal court will hear a case, the inmate must exhaust state remedies. This means finishing direct appeals and at least one round of state habeas review. Only then can the inmate ask a federal judge to step in.

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The process generally follows this path:

1. Direct Appeal: Heard in a Texas Court of Appeals and possibly the TCCA.

2. State Habeas (Art. 11.07): Raises new constitutional or factual issues; final decision by the TCCA.

3. Federal Habeas (§ 2254): Filed in U.S. District Court within the one-year deadline.

4. Appeal to Fifth Circuit: Possible only if a Certificate of Appealability is granted.

5. U.S. Supreme Court: The final, rare step. The Court chooses only a handful of cases each year.

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Federal Habeas Corpus (§ 2254)

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A federal habeas petition argues that imprisonment is unlawful because of a violation of the U.S. Constitution. Examples include ineffective assistance of counsel, prosecutorial misconduct, or denial of due process. The respondent is usually the prison warden, since the case challenges the legality of custody.

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The state (through the Attorney General) will respond, and a federal judge reviews the claim. Hearings are rare; most cases are decided on the written record. If the petition succeeds, the court may order a new trial, new sentencing, or release. If denied, the inmate must obtain a Certificate of Appealability to go further.

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The entire process is slow. Federal habeas petitions can take months or years to resolve, and appeals may stretch the timeline even further.

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The Role of the Federal Courts

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• U.S. District Courts: The starting point. A single federal judge decides whether to grant or deny relief.

• Fifth Circuit Court of Appeals: Reviews district court decisions, but only if a Certificate of Appealability is issued. Panels of three judges decide these appeals.

• U.S. Supreme Court: The highest court. It has discretion to accept or reject cases and accepts very few. Most petitions are denied, making the district court and Fifth Circuit the realistic final stages for most cases.

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Common Grounds for Federal Review

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Not every error qualifies for federal habeas review. The claim must involve federal law or the U.S. Constitution. Common grounds include:

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• Ineffective Assistance of Counsel: Serious errors by a defense lawyer that affected the outcome.

• Prosecutorial Misconduct: Withholding evidence (a Brady violation), allowing false testimony, or improper arguments.

• Due Process Violations: Unfair trial conditions, biased jurors, or insufficient evidence rising to constitutional levels.

• Involuntary Guilty Pleas: Pleas entered without proper understanding or due to bad legal advice.

• New Evidence of Innocence: Rarely a standalone claim in federal court, but can open the door to review other constitutional issues.

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What Families Should Know

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• Federal review is not automatic. An inmate must file a timely petition and meet all requirements.

• The standard is very high. Federal courts defer to state decisions unless they were unreasonably wrong under Supreme Court law.

• Deadlines matter. Missing the one-year filing period usually means losing the chance for federal review.

• Relief is rare but real. Federal courts have overturned wrongful convictions in Texas, though most petitions are denied.

• Support helps. Families can assist by gathering records, encouraging persistence, and seeking experienced post-conviction lawyers.

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In Sum:

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“Going federal” means entering a final, challenging stage of post-conviction review. It is not a second appeal, but a limited safeguard for constitutional rights. A Texas inmate can pursue federal habeas relief only after state remedies are exhausted, and success requires showing serious constitutional violations. While victories are uncommon, they do happen—and they can mean freedom, new trials, or corrected sentences.

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For families, understanding the process helps set realistic expectations while still holding onto hope. Federal habeas review may be narrow, but it remains an essential pathway to justice when state courts have closed their doors.

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Learn More:

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To hear more insights from attorney Matthew Daher you can visit Mr. Daher’s Knowledge Series at TexasCAA.com/knowledge. Please note that Mr. Daher is not available to offer free legal advice, as his time is dedicated to the law firm’s current clients. CAA can be reached at (737) 338-3233.