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The first avenue is an administrative approach. While the appeals process offers two levels of appeal, there is an additional non-required step in the administrative process which can be pursued. That is to take the case directly to the Executive Director of the prison, or the Executive Director of the Texas Board of Criminal Justice, through the Office of the General Counsel.
If our administrative effort fails, the second avenue is to file a writ of habeas corpus. When one files a writ challenging a prison discipline action in Texas, the necessity of first proceeding through state court can be avoided due to a decision by the Texas Court of Criminal Appeals (Ex parte Brager, 704 SW2d 46-A). This means the writ can be filed directly in federal court. You would have to decide whether you wanted to pursue this second avenue, if the administrative approach was not successful. Further, prison disciplinary cases will be heard in federal court only under very specific circumstances. During our administrative review, we will determine if your case meets those circumstances, and will advise you in our written administrative evaluation. Generally, if you have not been sentenced to a loss of good timeand do not come under the mandatory supervision law, federal courts will not review your disciplinary case. If you hire us on this matter, also let us know whether you are under the old or new mandatory law. If you are unsure, we can find out from the date of the offense for which you are currently serving time.refferences
American Bar Association., American Bar Association., & American Bar Association. (1971). Prison law reporter. Seattle, Wash.: Young Lawyers Section, American Bar Association
American Bar Association., & American Bar Association. (1973). Providing legal services to prisoners: An analysis and report. Washington, D.C: American Bar Association.
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