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Petition For Relief From A Conviction Or Sentence By A Person In State Custody - Michigan
| Petition For Relief From A Conviction Or Sentence By A Person In State Custody Form. This is a Michigan form and can be used in Prisoner USDC Eastern Federal . |
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MIED (Rev. 1/31/05) Petition Under 28 U. S. C. § 2254 for a Writ of Habeas Corpus 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 sentence under a judgment against you in a state court. This form is your petition for relief. 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 judgment 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. Make sure the form is typed or neatly written. 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. 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 must submit them in a separate memorandum. You must pay a fee of $5. 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 an Application to Proceed In Forma Pauperis. 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 state or in different states), you must file a separate petition. When you have completed the form, send the original and two copies to the Clerk of the United States District Court at this address: Clerk, United States District Court for the Eastern District of Michigan Theodore Levin U.S. Courthouse 231 W. Lafayette Boulevard, Fifth Floor Detroit, MI 48226 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 barred from presenting additional grounds at a later date. 2. 3. 4. 5. 6. 7. 8. American LegalNet, Inc. www.FormsWorkflow.com MIED (Rev 1/31/05) Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY United States District Court Name (under which you were convicted): District 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. 4. Length of sentence: In this case, were you convicted on more than one count or of more than one crime? 9 Yes 5. 9 No Identify all crimes of which you were convicted and sentenced in this case: 6. (a) What was your plea? (Check one) 9 Not guilty 9 Guilty 9 Nolo contendere (no contest) 9 Insanity plea (b) If you entered a guilty plea to one count or charge and a not guilty plea to another count or charge, what did you plead guilty to and what did you plead not guilty to? 1 American LegalNet, Inc. www.FormsWorkflow.com MIED (Rev. 1/31/05) Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (c) If you went to trial, what kind of trial did you have? (Check one) 9 Jury 7. 9 Yes 8. 9 Judge only 9 No Did you testify at a pretrial hearing, trial, or a post-trial hearing? Did you appeal from the judgment of conviction? 9 Yes 9 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? If yes, answer the following: (1) Name of court: (2) Docket or case number (if you know): (3) Result: 9 Yes 9 No (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? 9 Yes 9 No If yes, answer the following: (1) Docket or case number (if you know): (2) Result: (3) Date of result (if you know): (4) Citation to the case (if you know): 2 American LegalNet, Inc. www.FormsWorkflow.com MIED (Rev 1/31/05) Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus 10. Other than the direct appeals listed above, have you previously filed any other petitions, applications, or motions for relief from judgment pursuant to Subchapter 6.500 of the Michigan Court Rules concerning this judgment of conviction in any state court? 9 Yes 9 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? (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: 9 Yes 9 No (6) Did you receive a hearing where evidence was given on your petition, application, or motion? (7) Result: (8) Date of result (if you know): 9 Yes 9 No 3 American LegalNet, Inc. www.FormsWorkflow.com MIED (Rev. 1/31/05) Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (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? (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: (2) Second petition: (3) Third petition: 9 Yes 9 Yes 9 Yes 9 No 9 No 9 No 9 Yes 9 No
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