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Petition For Writ Of Habeas Corpus By A Person In State Custody CV-69 - California
| Petition For Writ Of Habeas Corpus By A Person In State Custody Form. This is a California form and can be used in Civil USDC Central Federal . |
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NAME PRISON IDENTIFICATION/BOOKING NO. ADDRESS OR PLACE OF CONFINEMENT Note: It is your responsibility to notify the Clerk of Court in writing of any change of address. If represented by an attorney, provide his name, address, telephone and facsimile numbers, and e-mail address. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: CV To be supplied by the Clerk of the United States District Court FULL NAME (Include name under which you were convicted ) Petitioner, v. G __________________ AMENDED PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY 28 U.S.C. § 2254 PLACE/COUNTY OF CONVICTION PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT (List by case number ) NAME OF WARDEN, SUPERINTENDENT, JAILOR OR AUTHORIZED PERSON HAVING CUSTODY OF PETITIONER Respondent. CV CV INSTRUCTIONS - PLEASE READ CAREFULLY 1. To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief from the conviction and/or the sentence. This form is your petition for relief. 2. In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment entered by a difference California state court, you must file a separate petition. 3. Make sure the form is typed or neatly handwritten. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. 4. Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts in support of each ground. 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 legal brief or arguments, you may attach a separate memorandum. the grounds for relief from the conviction and/or sentence that you challenge. 5. You must include in this petition all the grounds for relief from the conviction and/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 barred from presenting additional grounds at a later date. 6. You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed in forma pauperis (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, 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 at the institution. If your prison account exceeds $25.00, you must pay the filing fee. 7. When you have completed the form, send the original and two copies to the following address: Clerk of the United States District Court for the Central District of California United States Courthouse ATTN: Intake/Docket Section 312 North Spring Street Los Angeles, California 90012 CV-69 (05/12) PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.C § 2254) Page 1 of 11 American LegalNet, Inc. www.FormsWorkFlow.com PLEASE COMPLETE THE FOLLOWING: (Check appropriate number) This petition concerns: 1. a conviction and/or sentence. 2. prison discipline. 3. a parole problem. 4. other. PETITION 1. Venue a. Place of detention b. Place of conviction and sentence 2. Conviction on which the petition is based (a separate petition must be filed for each conviction being attacked). a. Nature of offenses involved (include all counts) : b. Penal or other code section or sections: c. Case number: d. Date of conviction: e. Date of sentence: f. Length of sentence on each count: g. Plea (check one) : Not guilty Guilty Nolo contendere h. Kind of trial (check one) : Jury Judge only 3. Did you appeal to the California Court of Appeal from the judgment of conviction? a. Case number: b. Grounds raised (list each) : (1) (2) CV-69 (05/12) PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.C § 2254) Yes No If so, give the following information for your appeal (and attach a copy of the Court of Appeal decision if available): Page 2 of 11 American LegalNet, Inc. www.FormsWorkFlow.com (3) (4) (5) (6) c. Date of decision: d. Result 4. If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal decision? Yes No (and attach copies of the Petition for Review and the Supreme Court ruling if available) : If so give the following information a. Case number: b. Grounds raised (list each) : (1) (2) (3) (4) (5) (6) c. Date of decision: d. Result 5. If you did not appeal: a. State your reasons b. Did you seek permission to file a late appeal? Yes No 6. Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction? G Yes G No If so, give the following information for each such petition (use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available): a. (1) Name of court: (2) Case number: (3) Date filed CV-69 (05/12) (or if mailed, the date the petition was turned over to the prison authorities for mailing): Page 3 of 11 American LegalNet, Inc. www.FormsWorkFlow.com PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.C § 2254) (4) Grounds raised (list each) : (a) (b) (c) (d) (e) (f) (5) Date of decision: (6) Result (7) Was an evidentiary hearing held? b. (1) Name of court: (2) Case number: (3) Date filed (a) (b) (c) (d) (e) (f) (5) Date of decision: (6) Result (7) Was an evidentiary hearing held? c. (1) Name of court: (2) Case number: (3) Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing): (4) Grounds raised (list each) : (a) (b) (c) (d) (e) (f) PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.C § 2254) (or if mailed, the date the petition was turned over to the prison authorities for mailing) : Yes No (4) Grounds raised (list each): Yes No CV-69 (05/12) Page 4 of 11 American LegalNet, Inc. www.FormsWorkFlow.com (5) Date of decision: (6) Result (7) Was an evidentiary hearing held? 7. Yes No Yes No Did you file a petition for certiorari in the United States Supreme Court? If yes
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