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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 panel 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.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. Materials 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 the proper order.5. If the inmate wishes to file an affidavit of indigency, it must be accompanied by a certification from the institution where in 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. 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.7. These forms may be obtained from the Administrative Office of the Courts through the head of the institution in which the inmate is incarcerated.<<<<<<<<<********>>>>>>>>>>>>> 2 IN THE SUPERIOR COURT OF STATE OF GEORGIA , Petitioner , Civil Action No. Inmate Number vs. , Habeas Corpus Warden , Respondent (Name of Institution where you are now located) 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 : 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? G Yes G No 5. Name of offense(s). List all counts : 6. What was your plea? Please check one : G Guilty G Guilty but mentally ill G Nolo contendere G 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 : G Jury G Judge only 8. Did you testify at the trial? G Yes G No 9. Did you appeal from the conviction? G Yes G No 10. If you did appeal, answer the following : Name of appellate court to which you appealed : Result of appeal : Date of result : Administrative Office of the Courts (Revised 02-15-00) Form HC-1<<<<<<<<<********>>>>>>>>>>>>> 311. 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? G Yes G 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? G Yes G No Did witnesses testify? G Yes G 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? G Yes G No Did witnesses testify? G Yes G No Name of Judge : Result : Date of result : C. As to any third 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? G Yes G No Did witnesses testify? G Yes G No Name of Judge : Result : Date of result : D. Did you appeal to the Georgia Supreme Court or the Georgia Court of Appeals from the result taken on any petition, application or motion listed above? First petition, application or motion : G Yes G No Second petition, application or motion: G Yes G No Third petition, application or motion: G Yes G No Administrative Office of the Courts (Revised 02-15-00)- 2 - Form HC-1<<<<<<<<<********>>>>>>>>>>>>> 4 E. If you did not appeal from the denial of relief on any petition, application or motion, explain briefly why you did not : F. If you appealed to the highest state court having jurisdiction, did you file a petition for certiorari in the United States Supreme Court to review the denial of your petition by the Georgia Supreme Court or the Georgia Court of Appeals? G Yes G No 13. Do you have any petition or appeal now pending in any court, either state or federal, as to the conviction under attack? G Yes G No 14. Give the name and address, if known, of each attorney who represented you in the following stages of the judgment attacked herein : At preliminary hearing : At arraignment and plea : At trial : At sentencing : On appeal : In any post-conviction proceeding : On appeal from any adverse ruling in a post-conviction proceeding : 15. Do you have any other sentence, either state or federal, to serve after you complete the sentence imposed by the conviction under attack? G Yes G No If so, give the name and location of the court(s) which imposed any other sentence : And give the date and length of any other sentence to be served : Have you filed, or do you contemplate filing, any petition attacking the judgment(s) which imposed any other sentence? G Yes G No Administrative Office of the Courts (Revised 02-15-00)- 3 - Form HC-1<<<<<<<<<********>>>>>>>>>>>>> 5 PART II: STATEMENT OF YOUR CLAIMS State concisely every ground on which you now claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting same. 1. GROUND ONE : SUPPORTING FACTS. (Tell your story briefly without citing cases or law) : 2. G
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