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Petition For Relief From A Conviction Or Sentence By A Person In State Custody AO 241 - Official Federal Forms
| Petition For Relief From A Conviction Or Sentence By A Person In State Custody Form. This is a national form and can be used in Administrative Office - Criminal Federal District . |
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Page 1 Petition for Relief From a Conviction or Sentence By a Person in State Custody (Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus) Instructions 1. To use this form, you must be a person who is currently serving a senten ce under a judgment against you in a state court. You are asking for relief from the convic tion or the sentence. This form is your petition for relief. 2. You may also use this form to challenge a state judgment that imposed a sentence to be served in the future, but you must fill in the name of the state where the judgmen t was entered. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file a motion under 28 U.S.C. 2255 in the federal court that entered the judgment. 3. Make sure the form is typed or neatly written. 4. You must tell the truth and sign the form. If you make a false statemen t of a material fact, you may be prosecuted for perjury. 5. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a brief or arguments, you mu st submit them in a separate memorandum. 6. You must pay a fee of $5. If the fee is paid, your petition will be filed. If you cannot pay the fee, you may ask to proceed in forma pauperis (as a poor person). To do that, you must fill out the last page of this form. Also, you must submit a certificate signed by a n officer at the institution where you are confined showing the amount of money that the institution is holding for you. If your account exceeds $ , you must pay the filing fee. 7. In this petition, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different court (either in the same s tate or in different states), you must file a separate petition. 8. When you have completed the form, send the original and two copies to th e Clerk of the United States District Court at this address: Clerk, United States District Court for Address City, State Zip Code 9. CAUTION: You must include in this petition all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts that support each ground. If you fail to set forth all the grounds in this petition, you may be ba rred from presenting additional grounds at a later date. 10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel. <<<<<<<<<********>>>>>>>>>>>>> 2 Page 2 PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY United States District Court District Name (under which you were convicted): Docket or Case No.: Place of Confinement: Prisoner No.: Petitioner (include the name under which you were convicted) Respondent (authorized person having custody of petitioner) v. 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. Length of sentence: 4. In this case, were you convicted on more than one count or of more than one crime? Yes No 5. Identify all crimes of which you were convicted and sentenced in this ca se: 6. (a) What was your plea? (Check one) (1) Not guilty (3) Nolo contendere (no contest) (2) Guilty (4) Insanity plea (b) If you entered a guilty plea to one count or charge and a not guil ty plea to another count or charge, what did you plead guilty to and what did you plead not guilty t o? <<<<<<<<<********>>>>>>>>>>>>> 3 Page 3 (c) If you went to trial, what kind of trial did you have? (Check one) Jury Judge only 7. Did you testify at a pretrial hearing, trial, or a post-trial hearing? Yes No 8. Did you appeal from the judgment of conviction? Yes No 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? Yes No If yes, answer the following: (1) Name of court: (2) Docket or case number (if you know): (3) Result: (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? Yes No If yes, answer the following: (1) Docket or case number (if you know): <<<<<<<<<********>>>>>>>>>>>>> 4 Page 4 (2) Result: (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 No 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 No (7) Result: (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: <<<<<<<<<********>>>>>>>>>>>>> 5 Page 5 (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Yes No (7) Result: (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): (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 No (7) Result: (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: Yes No (2) Second petition: Yes No (3) Third petition: Yes No (e) If you did not appeal to the highest state court having jurisdiction, explain why you did not: <<<<<<<<<********>>>>>>>>>>>>> 6 Page 612. For t
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