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Application For Writ Of Habeas Corpus HC-1 - Georgia

Application For Writ Of Habeas Corpus Form. This is a Georgia form and can be used in Inmate-Habeas Corpus Superior Court Statewide .
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INMATE FORM FOR WRIT OF HABEAS CORPUS INSTRUCTIONS ­ READ CAREFULLY (NOTE: O.C.G.A. §9-10-14(a) requires the proper use of this form, and failure to use this form as required will result in the clerk of any court refusing to accept the action for filing.) 1. Any action filed by an inmate of a state or local penal or correctional institution against the state or a local government or against any agency or officer of a state or local government must be filed on the appropriate form or forms promulgated by the Administrative Office of the Courts of Georgia. 2. This application must be legibly handwritten or typewritten, and signed by the petitioner. Any false statement of a material fact may serve as the basis for prosecution for perjury. All questions must be answered concisely in the proper space on the form. 3. Any inmate may submit with the complaint or other initial pleading any additional matter in any form if the pleading includes the form or forms attached hereto. Material attached to the forms should be legibly handwritten, typewritten, or copied. 4. Upon receipt of the appropriate filing fee or if permission to proceed in forma pauperis has been granted, your petition will be filed if it is in proper order. 5. If the inmate wishes to file an affidavit of indigency, it must be accompanied by a certification from the institution wherein the inmate is incarcerated that the financial statement correctly states the amount of funds in any and all custodial accounts held with the institution. 6. O.C.G.A. §42-12-1 et seq. provides that an inmate's institutional account shall be frozen, and funds seized for court costs and fees. Additionally, the filing of frivolous litigation shall result in a deduction from the account. 7. Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section 40-13-33, or within four years in the case of a felony, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death. O.C.G.A. §9-14-42(c). 8. Any Inmate Form for Writ of Habeas Corpus which does not conform to these instructions will be returned with a notation as to the deficiency. 9. These forms may be obtained at the Administrative Office of the Courts' website (http://www.georgiacourts.gov/index.php/court-forms/101) or from the Administrative Office of the Courts through the head of the institution in which the inmate is incarcerated. Revised 9 10 14 American LegalNet, Inc. www.FormsWorkFlow.com IN THE SUPERIOR COURT OF ___________________________ STATE OF GEORGIA ____________________________________ , Petitioner ____________________________________ , Inmate Number vs. ____________________________________ , Warden ____________________________________ , Respondent (Name of Institution where you are now located) Civil Action No. _________________________ Habeas Corpus APPLICATION FOR WRIT OF HABEAS CORPUS PART I: BACKGROUND INFORMATION ON YOUR CONVICTION 1. Name, county, and court which entered the judgment of conviction under attack: _________________________________________________________________________________ 2. Date of conviction: _________________________________________________________________ (Please Note: O.G.C.A. § 9-14-42(c) mandates that applications for writ of habeas corpus must be filed within a certain time. Please see Instructions (7) for more information.) 3. Length of sentence(s): _______________________________________________________________ 4. Were you sentenced on more than one count of an indictment, or on more than one indictment, in the same court and at the same time? Yes No 5. Name of offense(s). List all counts: _____________________________________________________ __________________________________________________________________________________ 6. What was your plea? Please check one: Guilty Guilty but mentally ill Nolo contendere Not guilty If you entered a guilty plea to one count or indictment, and a not guilty or nolo contendere plea to another count or indictment, give details: ________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 7. Kind of trial. Please check one: Jury Judge only 8. Did you testify at the trial? Administrative Office of the Courts (Revised 9 10 14) Yes [1] No Form HC 1 American LegalNet, Inc. www.FormsWorkFlow.com 9. Did you appeal from the conviction? 10. If you did appeal, answer the following: Yes No Name of appellate court to which you appealed: __________________________________________ Result of appeal: ________________________ Date of result: ___________________________ 11. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions with respect to this conviction in any state or federal court? Yes No 12. If your answer to 11 was "Yes," give the following information: (Note: If more than three petitions, please use a separate sheet of paper and use the same format to list them.) A. Name of court and case number: ____________________________________________________ What kind of case or action was this? ________________________________________________ All grounds raised (attach extra sheet of paper if necessary) : _____________________________ ______________________________________________________________________________ ______________________________________________________________________________ Did a judge hear the case? Yes No Did witnesses testify? Yes No Name of Judge: _________________________________________________________________ Result: ________________________________________________________________________ Date of Result: _________________________________________________________________ B. As to any second petition, application or motion, give the same information. Name of court and case number: ____________________________________________________ What kind of case or action was this? ________________________________________________ All grounds raised (attach extra sheet of paper if necessary) : _____________________________ ______________________________________________________________________________ ______________________________________________________________________________ Did a judge hear the case? Yes No Did witnesses testify? Yes
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