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Petition For Writ Of Habeas Corpus Under 28 USC 2254 By A Person In State Custody CIV-68 - California
| Petition For Writ Of Habeas Corpus Under 28 USC 2254 By A Person In State Custody Form. This is a California form and can be used in Civil USDC Southern Federal . |
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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, and signed by the petitioner under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space on the form. Do NOT write on the back of any page. (2) Additional pages are not permitted except with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum. (3) Upon receipt of a fee of $5.00 your petition will be filed if it is in proper order. The $5.00 fee must be submitted with the petition, not separately. (4) If you do not have the necessary funds for the filing fee, transcripts, counsel, appeal, and other costs connected with the petition, you may request permission to proceed in forma pauperis, in which event you must execute the form provided by the Court, setting forth information establishing your inability to pay the costs. If you wish to proceed in forma pauperis, you MUST have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution. (5) Only judgments entered by one court may be challenged in a single petition. If you seek 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. (6) 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. (7) When the petition is fully completed, the original and at least one copy must be mailed to: Clerk of U.S. District Court, Room 4290, 880 Front Street, San Diego CA 92101-8900. (8) Petitions that do not conform to these instructions will be returned with a notation as to the deficiency. CIV 68 (Rev. Jan. 2006) cv American LegalNet, Inc. www.USCourtForms.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. Jan. 2006) cv American LegalNet, Inc. www.USCourtForms.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) Names of Judges participating in case (if known)______________________________ (e) 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. Jan. 2006) -2- cv American LegalNet, Inc. www.USCourtForms.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. Jan. 2006) -3- cv American LegalNet, Inc. www.USCourtForms.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) Names of Judges participating in case (if known)______________________________ (d) Grounds raised: (e) Did you receive an evidentiary hearing on your petition, application or motion? G Yes G No (f) Result: (g) 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 fo
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