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Appeals panel hears dispute over whether trial judge improperly granted habeas relief and who must represent the state
Summary
At oral argument in Maurice Flanagan’s appeal, counsel and the panel sparred over whether the trial court properly granted habeas relief sua sponte, whether the district attorney could represent the state in the habeas proceeding, and whether the case should be remanded for recalculation of jail credits with the attorney general or TDOC present.
An appellate panel heard oral argument over whether a trial court improperly granted habeas corpus relief in favor of Maurice Flanagan and whether the state’s local prosecutor or the attorney general’s office was the proper respondent.
Courtney Horr, appearing "on behalf of the state," told the panel the record contains conflicting information about how much jail credit Flanagan served and that the trial court’s order claims the defendant served 2,188 days while the record the state reviewed showed about 488 days of credited time. "I can get to about 2 and a quarter years of jail credits based on what's in the record," Horr said, adding the trial court did not explain where the remaining days came from.
Judges on the panel repeatedly pressed counsel about whether the trial court could grant habeas relief sua…
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