applicant the requested hearing in Texas

2023It was not a case where “a judge refuses to issue the requested writ of habeas corpus or denies an applicant the requested hearing on the merits of his claim.” Id. at 868 .

2021See Ex parte Hargett, 819 S.W.2d at 868 (“In a case where a judge refuses to issue the requested writ of habeas corpus or denies an applicant the requested hearing on the merits of his claim, an applicant’s remedies are limited.

2023Hargett demonstrates that, in habeas proceedings, “on the merits” generally refers to a consideration of the substantive claims for relief made in the applicant’s pleadings, as opposed to the preliminary 3 determination of whether to issue the writ in the first place. 1 See id.; Ex parte Bowers, 36 S.W.3d at 927 (“An applicant cannot appeal from a trial court’s refusal to issue or grant a writ of habeas corpus, but may appeal the denial of relief on the merits of the application.”); see also Ex parte Tyler, No. 2-02-267-CR, 2003 WL 300485 , at *1 (Tex. App.—Fort Worth Feb. 13, 2003, no pet.) (

2014Moseley Justice Date Submitted: August 21, 2014 Date Decided: October 1, 2014 Do Not Publish 8 “In a case where a judge refuses to issue the requested writ of habeas corpus or denies an applicant the requested hearing on the merits of his claim, an applicant’s remedies are limited.” Hargett, 819 S.W.2d at 868 ; see Villanueva, 252 S.W.3d at 394 .

2014“Some remedies available to an applicant in that situation are to present the application to another district judge having jurisdiction, or under proper circumstances, to pursue a writ of mandamus.” Hargett, 819 S.W.2d at 868 (citations omitted); see Villanueva, 252 S.W.3d at 394 . 8