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  1. #1
    Join Date
    Jan 2015

    Default How Long Does a Judge Have to Rule on a Motion to Vacate a Criminal Conviction

    My question involves criminal law for the state of: Texas

    Once a Motion to Vacate Void Judgment for lack of Jurisdiction and Fraud Upon the court which is filed in the Convicting Court, how long does the trial judge have to provide an answer, either granting or denying the motion? If Judge denies where is the Appeal filed? Criminal Court of appeals? Or does it go straight to Federal Court?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How Long Does a Judge Have to Rule on a Motion to Vacate a Criminal Conviction

    There's no time limit on the judge's ruling.

    You've told us essentially nothing about the case; normally you must exhaust all of your state court remedies before you are eligible for relief through the federal courts.

  3. #3
    Join Date
    Jan 2015

    Default Re: How Long Does a Judge Have to Rule on a Motion to Vacate a Criminal Conviction

    Thanks Mr. Knowitall,
    All state remedies have been exhausted. The federal Habeas was summarily dismissed.

    I discovered that the trial court had no jurisdiction to proceed after they failed to rule on a Motion for Severance. Also that fraud was committed upon the court by all parties, that include 3 pre trial judges, the trial judge, 3 State Prosecutors, the Paid defense attorney and the appointed co defendant's defense attorney.

    There was no order issued on the timely filed Motion for Severance, and no hearing was held . The Defendant was not notified or brought from the jail for one single pre trial hearing.(Not present at any) The codefendant was at all of his pre trial hearings.

    At announcement for Ready for trial, The co defendant was present but the defendant was not. The trial judge did not call the Defendant's name or cause number, and neither the state nor the Defense Attorney announced Ready on the case. The State did announce ready on the Co defendant's name and cause number, and so did the co defendant's attorney. 2 days after this hearing the jail brought the Defendant to the trial and tried him with the co defendant. The judgment is void for lack of jurisdiction to proceed and fraud upon the court. A motion to Vacate a Judgment for either lack of jurisdiction or Fraud upon the court, has no time limit and can be presented at any time, it must be filed in the convicting court. The convicting court, has failed to rule and the Chief JUDGE told the District Clerk to "put the motion back in the file". There is much more that I could detail on the fraud upon the court, however it is lengthy. I do have proof and the fraud and lack of jurisdiction is on the face of the judgment.

    I have just discovered The Writ of Mandamus and am most likely going to file that, I just need to study it carefully before filing it.

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