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Petition Under 28 USC 2254 For Writ Of Habeas Corpus By Person In Custody - Florida
| Petition Under 28 USC 2254 For Writ Of Habeas Corpus By Person In Custody Form. This is a Florida form and can be used in USDC Northern Federal . |
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AO 241 Page 1 PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY United States District Court Name (under which you were convicted): District: Docket or Case No.: Place of Confinement : Prisoner No.: Petitioner (include the name under which you were convicted) v. Respondent (authorized person having custody of petitioner) The Attorney General of the State of PETITION 1. (a) Name and location of court that entered the judgment of conviction you are challenging: (b) Criminal docket or case number (if you know): 2. (a) Date of the judgment of conviction (if you know): (b) Date of sentencing: 3. 4. 5. 6. Length of sentence: In this case, were you convicted on more than one count or of more than one crime? Identify all crimes of which you were convicted and sentenced in this case: (a) What was your plea? (Check one) (1) Not guilty (2) Guilty (3) Nolo contendere (no contest) (4) Insanity plea Yes No (b) If you entered a guilty plea to one count or charge and a not guilty plea to another count or charge, what did you plead guilty to and what did you plead not guilty to? (c) If you went to trial, what kind of trial did you have? (Check one) 7. 8. Did you testify at a pretrial hearing, trial, or a post-trial hearing? Did you appeal from the judgment of conviction? Jury Yes Yes Judge only No No American LegalNet, Inc. www.FormsWorkFlow.com AO 241 Page 2 9. If you did appeal, answer the following: (a) Name of court: (b) Docket or case number (if you know): (c) Result: (d) Date of result (if you know): (e) Citation to the case (if you know): (f) Grounds raised: (g) Did you seek further review by a higher state court? If yes, answer the following: (1) Name of court: (2) Docket or case number (if you know): (3) Result: Yes No (4) Date of result (if you know): (5) Citation to the case (if you know): (6) Grounds raised: (h) Did you file a petition for certiorari in the United States Supreme Court? If yes, answer the following: (1) Docket or case number (if you know): (2) Result: Yes No (3) Date of result (if you know): (4) Citation to the case (if you know): 10. Other than the direct appeals listed above, have you previously filed any other petitions, applications, or motions concerning this judgment of conviction in any state court? Yes American LegalNet, Inc. www.FormsWorkFlow.com No AO 241 Page 3 11. If your answer to Question 10 was "Yes," give the following information: (a) (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Yes (7) Result: No (8) Date of result (if you know): (b) If you filed any second petition, application, or motion, give the same information: (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Yes (7) Result: No (8) Date of result (if you know): (c) If you filed any third petition, application, or motion, give the same information: (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): American LegalNet, Inc. www.FormsWorkFlow.com AO 241 Page 4 (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Yes (7) Result: No (8) Date of result (if you know): (d) Did you appeal to the highest state court having jurisdiction over the action taken on your petition, application, or motion? (1) First petition: (2) Second petition: (3) Third petition: Yes Yes Yes No No No (e) If you did not appeal to the highest state court having jurisdiction, explain why you did not: 12. For this petition, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. CAUTION: To proceed in the federal court, you must ordinarily first exhaust (use up) your available state-court remedies on each ground on which you request action by the federal court. Also, if you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date. American LegalNet, Inc. www.FormsWorkFlow.com AO 241 Page 5 GROUND ONE: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): (b) If you did not exhaust your state remedies on Ground One, explain why: (c) Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction, did you raise this issue? (2) If you did not raise this issue in your direct appeal, explain why: Yes No (d) Post-Conviction Proceedings: (1) Did you raise this issue through a post-conviction motion or petition for habeas corpus in a state trial court? Yes No (2) If your answer to Question (d)(l) is "Yes," state: Type of motion or petition: Type of motion or petition: Name and location of the court where the motion or petition was filed: Docket or case number (if you know): Date of the court's decision: Result (attach a copy of the court's opinion or order, if available): (3) Did you receive a hearing on your motion or petition? (4) Did you appeal from the denial of your motion or petition? (5) If your answer to Question (d)(4) is "Yes," did you raise this issue in the appeal? Yes Yes Yes American LegalNet, Inc. www.FormsWorkFlow.com No No No AO 241 Page 6 (6) If your answer to Question (d)(4) is "Yes," state: Name and location of the court where the appeal filed: Docket or case number (if you know): Date of the court's decision: Result (attach a copy of the court's opinion or order, if available): (7) If your answer to Question (d)(4) or Question (d)(5) is "No," explain why you did not raise this issue: (e) Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) that you have used to exhaust your state remedies on Ground One: GROUND TWO: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): (b) If you did not exhaust your state remedies on Ground Two, explain why: (c) Direct Appeal of Ground Two: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes Am
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