The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty.

The writ itself "is an order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint." These definitions are taken from Article 11.01, of the Code of Criminal Procedure ("C.Cr.P.").

In Texas, unrelated to the direct appeal process, a person confined in prison or jail pursuant to a final felony conviction can seek habeas corpus relief under Article 11.07 section 3 (et seq., C.Cr.P. Someone "confined" by a probation or term of community service, whether active or completely served out, can challenge their conviction through a habeas corpus proceeding under Article 11.072, C.Cr.P. Using the example set out in our information page on the direct appeal process, if the lawyer fails to interview the witnesses and/or doesn't call them to testify at trial and the defendant is convicted, because the reason the lawyer did not call the witnesses at trial will appear ouside the record of trial, a claim that the lawyer's action constitute ineffective assistance of counsel should be raised in a habeas corpus proceeding subsequent under either Art. 11.07, section 3, or Art. 11.072.