Petition For Writ Of Habeas Corpus Under 28 USC 2254 By A Person In State Custody {CIV-68} | Pdf Fpdf Doc Docx | California

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Petition For Writ Of Habeas Corpus Under 28 USC 2254 By A Person In State Custody {CIV-68} | Pdf Fpdf Doc Docx | California

Last updated: 2/15/2017

Petition For Writ Of Habeas Corpus Under 28 USC 2254 By A Person In State Custody {CIV-68}

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INSTRUCTIONS FOR FILING PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BY A PERSON IN STATE CUSTODY (If petitioner is attacking a judgment which imposed a sentence to be served in the future, petitioner must fill in the name of the state where the judgment was entered. If petitioner has a sentence to be served in the future under a federal judgment which he wishes to attack, he should file a motion under 28 U.S.C. § 2255, in the federal court that entered the judgment.) (1) This petition must be legibly handwritten or typewritten. You must tell the truth in the petition and you must sign the petition under penalty of perjury. If you do not tell the truth in this petition, you may be prosecuted for and convicted of perjury. (2) Answer all the questions on the form as concisely as you can. You do not need to cite cases. Include the facts supporting your grounds for relief. If briefs or arguments are submitted, they should be submitted as a separate memorandum. (3) You must pay a $5.00 filing fee to have your petition filed. The $5.00 fee must be submitted with the petition, not separately. If you do not have the $5.00 for the filing fee and any other costs, you may request permission to proceed in forma pauperis. To do so, fill out and submit the "Motion to Proceed in Forma Pauperis" form provided by the Court with your petition. You also MUST have an authorized officer at the penal institution complete the "Prison Certificate" statements stating the amount of money and securities on deposit to your credit in any account in the institution. (4) You may only challenge a judgment entered by one court in a single petition. If you want to challenge judgments entered by different courts either in the same state or in different states, you must file separate petitions as to each court. (5) You must include all grounds for relief and all facts supporting such grounds for relief in the petition you file seeking relief from any judgment of conviction. (6) When the petition is fully completed, the original and at least one copy must be mailed to: Clerk of U.S. District Court, 333 West Broadway Suite 420, San Diego CA 92101. (7) Petitions that do not conform to these instructions will be returned with a notation as to the deficiency. CIV 68 (Rev. Oct. 2015) American LegalNet, Inc. www.FormsWorkFlow.com NAME PRISON NUMBER CURRENT ADDRESS OR PLACE OF CONFINEMENT CITY, STATE, ZIP CODE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA , (FULL NAME OF PETITIONER) Civil No (TO BE FILLED IN BY CLERK OF U.S. DISTRICT COURT) PETITIONER v. , (NAME OF WARDEN, SUPERINTENDENT, JAILOR, OR AUTHORIZED PERSON HAVING CUSTODY OF PETITIONER [E.G., DIRECTOR OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS]) PETITION FOR WRIT OF HABEAS CORPUS RESPONDENT and , The Attorney General of the State of California, Additional Respondent. UNDER 28 U.S.C. § 2254 BY A PERSON IN STATE CUSTODY 1. Name and location of the court that entered the judgment of conviction under attack: 2. 3. Date of judgment of conviction: Trial court case number of the judgment of conviction being challenged: 4. Length of sentence: CIV 68 (Rev. Oct. 2015) American LegalNet, Inc. www.FormsWorkFlow.com 5. Sentence start date and projected release date: 6. Offense(s) for which you were convicted or pleaded guilty (all counts): 7. What was your plea? (CHECK ONE) (a) Not guilty (b) Guilty (c) Nolo contendere G G G 8. If you pleaded not guilty, what kind of trial did you have? (CHECK ONE) (a) Jury G (b) Judge only G Did you testify at the trial? G Yes G No 9. DIRECT APPEAL 10. Did you appeal from the judgment of conviction in the California Court of Appeal? G Yes G No 11. If you appealed in the California Court of Appeal, answer the following: (a) Result: (b) Date of result (if known): (c) Case number and citation (if known): (d) Grounds raised on direct appeal: 12. If you sought further direct review of the decision on appeal by the California Supreme Court (e.g., a Petition for Review), please answer the following: (a) Result: (b) Date of result (if known): (c) Case number and citation (if known): (d) Grounds raised: CIV 68 (Rev. Oct. 2015) -2American LegalNet, Inc. www.FormsWorkFlow.com 13. If you filed a petition for certiorari in the United States Supreme Court, please answer the following with respect to that petition: (a) Result: (b) Date of result (if known): (c) Case number and citation (if known): (d) Grounds raised: COLLATERAL REVIEW IN STATE COURT 14. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions (e.g., a Petition for Writ of Habeas Corpus) with respect to this judgment in the California Superior Court? G Yes G No 15. If your answer to #14 was "Yes," give the following information: (a) California Superior Court Case Number (if known): (b) Nature of proceeding: (c) Grounds raised: (d) Did you receive an evidentiary hearing on your petition, application or motion? G Yes G No (e) Result: (f) Date of result (if known): 16. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions (e.g., a Petition for Writ of Habeas Corpus) with respect to this judgment in the California Court of Appeal? G Yes G No CIV 68 (Rev. Oct. 2015) -3American LegalNet, Inc. www.FormsWorkFlow.com 17. If your answer to #16 was "Yes," give the following information: (a) California Court of Appeal Case Number (if known): (b) Nature of proceeding: (c) Grounds raised: (d) Did you receive an evidentiary hearing on your petition, application or motion? G Yes G No (e) Result: (f) Date of result (if known): 18. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions (e.g., a Petition for Writ of Habeas Corpus) with respect to this judgment in the California Supreme Court? G Yes G No 19. If your answer to #18 was "Yes," give the following information: (a) California Supreme Court Case Number (if known): (b) Nature of proceeding: (c) Grounds raised: (d) Did you receive an evidentiary hearing on your petition, application or motion? G Yes G No (e) Result: (f) Date of result (if known): CIV 68 (Rev. Oct. 2015) -4American LegalNet, Inc. www.FormsWorkFlow.com 20. If you did not file a petition, application or motion (e.g., a Petition for Review o

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