I want to challenge a criminal judgment case from 8 years ago. My right to due process was infringed. The time limit has expired to appeal a no contest plead. Would I take it to Texas supreme court and challenge the time limit as being unfair and unconstitutional or some other court such as city or appeals court? Please excuse my ignorance.
Time limits are generally set either by the legislature or by court rules. No court has the authority to overrule such limits (unless they were to find the statute or rule unconstitutional). I am afraid that you do not have an available remedy.
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Your question isn't exactly clear and this is one of the real problems with responding to people in forums like this.
As far as I can tell, your remedy is a writ of habeas corpus. There are several sections of the Code of Criminal Procedure that address this and it depends on the type of case you had and your circumstances. Be aware that a writ is a complicated process and the range of issues that can be raised is narrow. Also recognize that most writs are expensive, so make sure this is worth it to you before you start talking with attorneys.
This is not legal advice. Please consult your own attorney or hire one to represent you.
Deadlines for appeals and habeas petitions are very strict and can only be tolled, or extended, in rare, exceptional circumstances. You might be able to address your conviction some other way, though, such as through an expungement, sealing, or pardon. A lawyer would have to hear the particulars of your situation to tell you what, if any, options you might have. Unfortunately, after eight years, you might be out of luck, but only a detailed consultation with an attorney can tell you for sure. Some attorneys offer free initial consultations and will tell you what can or can't be done for you before you have to decide whether to go forward.
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