Petition Under 28 USC 2254 For Writ Of Habeas Corpus By Person In State Custody | Pdf Fpdf Doc Docx | New York

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Petition Under 28 USC 2254 For Writ Of Habeas Corpus By Person In State Custody | Pdf Fpdf Doc Docx | New York

Petition Under 28 USC 2254 For Writ Of Habeas Corpus By Person In State Custody

This is a New York form that can be used for Western District within Federal, District Court.

Alternate TextLast updated: 2/16/2012

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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN :STATE CUSTODY Plaintiff(s) -against: JUDICIAL SUBPOENA ********** : (If you were sentenced under a federal judgment which you wish to attack, you should file a motion under : 28 U.S.C. § 2255 in the federal court which entered the judgment.) Defendant(s) : . . . .PETITION. FOR. WRIT . . . . HABEAS . . . . . . . . . . BY .A .PERSON IN STATE CUSTODY . . . . . . . . . . . . . . . . . . . OF . . . . . . . . . CORPUS . . . . Instructions-Read Carefully (1) THE PEOPLE OF THE STATE OF NEW YORK TO You must legibly handwrite or type this petition and sign it under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. You must answer all questions concisely in the proper space on the form. You may not attach additional pages except with respect to the facts which you rely upon to support your grounds for relief and except for court orders and decisions that this form requests. You need not cite any legal authorities. If you submit briefs or legal arguments, you should submit them in a separate memorandum. (2) (3) (4) GREETINGS: Upon receipt of a fee of $5, your petition will be filed if it is in proper order. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before If you do not have the necessary funds for transcripts, counsel, appeal, and other costs connected with a motion , the Honorable at the Court of this type, you may request permission to proceed in forma pauperis, in which event you must execute form AO located at County of other form required by the court, setting forth information establishing your inability to pay the costs. 240 or any inIfroomwish to proceed in forma day of , on the , have anat , authorized officer at the penal institution any recessed o'clock in the noon, and at complete you pauperis, you must 20 orthe certificate as to testify and give evidence as a witness indeposit to yourthe part of theaccount in the institution. adjourned date, the amount of money and securities on this action on credit in any If the court does not grant your request to proceed in forma pauperis, you must pay the filing fee as required by the rules of the district court. (5) You may onlyfailure to comply with entered by oneis punishable as amotion. If of court and challenge judgments to Your challenge judgments this subpoena court in a single contempt you seek to will make you liable entered by different courts either in the was issued for a maximum penalty must and all damages sustained the party on whose behalf this subpoena same state or in different states, youof $50file separate petitions as to as a each court. result of your failure to comply. You must include all grounds for relief and all facts supporting such grounds for relief in the petition you file , one of the Justices of the seeking Witness, Honorable relief from any judgment of conviction. (6) Court in (7) County, day of , 20 When you fully complete the petition, you must mail the original and at least two copies to: Clerk of the Court United States District Court (Attorney must sign above and type name below) Western District of New York 304 U.S. Courthouse 68 Court Street Attorney(s) for Buffalo, NY 14202 (8) Petitions which do not conform to these instructions will be returned with a notation as to the deficiency. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN :STATE CUSTODY Calendar No. United States District Court Name Place of Confinement District Plaintiff(s) : : : JUDICIAL SUBPOENA Case No. -againstPrisoner No. Name of Petitioner (include name under which convicted) Name of Respondent (authorized person having custody of petitioner) : V. Defendant(s) : . . . . General of.the State. of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ..... . The Attorney PETITION 1. THE PEOPLE OF THEcourt which entered the judgment of conviction under attack Name and location of STATE OF NEW YORK TO Date of judgment of conviction Length of sentence 2. 3. 4. GREETINGS: Nature of offense involved (all counts) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed 5. orWhat was your plea? (Check one) evidence as a witness in this action on the part of the adjourned date, to testify and give 9 (b) Guilty 9 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to (c) Nolo contendere the party on whose behalf9 subpoena was issued for a maximum penalty of $50 and all damages sustained as a this (a) Not guilty If you your failure to plea to result ofentered a guilty comply.one count or indictment, and a not guilty plea to another count or indictment, give details: Witness, Honorable Court in County, 6. (a) Jury (b) Judge only 7. , one of the Justices of the day of , 20 If you pleaded not guilty, what kind of trial did you have? (Check one) 9 9 No (Attorney must sign above and type name below) Did you testify at the trial? Yes 9 9 9 9 Attorney(s) for 8. Did you appeal from the judgment of conviction? Yes No Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -2American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : 9. Index No. Calendar petition and answer the If your answer to 8. was "yes," attach a copy of the appeals court decision to this No. following: (a) Name of court (e.g., NYS Sup. Court, 4th Dept.) : : : : Plaintiff(s) JUDICIAL SUBPOENA -against- (b) Result (c) Date of result and citation, if known (d) List all grounds you raised (1) : Defendant(s) : ...................................................... (2) (3) THE PEOPLE OF THE STATE OF NEW YORK TO (4) 10. Did you seek further review of the appeals court decision by a higher state court (e.g., th

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