Petition For Writ Of Habeas Corpus {MC-275} | Pdf Fpdf Doc Docx | California

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Petition For Writ Of Habeas Corpus {MC-275} | Pdf Fpdf Doc Docx | California

Petition For Writ Of Habeas Corpus {MC-275}

This is a California form that can be used for Miscellaneous within Judicial Council.

Alternate TextLast updated: 12/30/2016

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Name: Address: MC­275 CDC or ID Number: (Court) PETITION FOR WRIT OF HABEAS CORPUS Petitioner vs. Respondent No. (To be supplied by the Clerk of the Court) INSTRUCTIONS--READ CAREFULLY · If you are challenging an order of commitment or a criminal conviction and are filing this petition in the Superior Court, you should file it in the county that made the order. · If you are challenging the conditions of your confinement and are filing this petition in the Superior Court, you should file it in the county in which you are confined. · Read the entire form before answering any questions. · This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and correct. Because the petition includes a verification, the making of a statement that you know is false may result in a conviction for perjury. · Answer all applicable questions in the proper spaces. If you need additional space, add an extra page and indicate that your answer is ''continued on additional page." · If you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies. Many courts require more copies. · If you are filing this petition in the Court of Appeal in paper form and you are an attorney, file the original and 4 copies of the petition and, if separately bound, 1 set of any supporting documents (unless the court orders otherwise by local rule or in a specific case). If you are filing this petition in the Court of Appeal electronically and you are an attorney, follow the requirements of the local rules of court for electronically filed documents. If you are filing this petition in the Court of Appeal and you are not represented by an attorney, file the original and one set of any supporting documents. · If you are filing this petition in the California Supreme Court, file the original and 10 copies of the petition and, if separately bound, an original and 2 copies of any supporting documents. · Notify the Clerk of the Court in writing if you change your address after filing your petition. Approved by the Judicial Council of California for use under rule 8.380 of the California Rules of Court (as amended effective January 1, 2007). Subsequent amendments to rule 8.380 may change the number of copies to be furnished to the Supreme Court and Court of Appeal. Page 1 of 6 Form Approved for Optional Use Judicial Council of California MC-275 [Rev. January 1, 2017] PETITION FOR WRIT OF HABEAS CORPUS Penal Code, § 1473 at seq.; Cal. Rules of Court, rule 8.380 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com MC­275 This petition concerns: A conviction A sentence Jail or prison conditions Other (specify): 1. Your name: 2. Where are you incarcerated? 3. Why are you in custody? Criminal conviction Civil commitment Parole Credits Prison discipline Answer items a through i to the best of your ability. a. State reason for civil commitment or, if criminal conviction, state nature of offense and enhancements (for example, ''robbery with use of a deadly weapon''). b. Penal or other code sections: c. Name and location of sentencing or committing court: d. Case number: e. Date convicted or committed: f. Date sentenced: g. Length of sentence: h. When do you expect to be released? i. Were you represented by counsel in the trial court? Yes No If yes, state the attorney's name and address: 4. What was the LAST plea you entered? (Check one): Not guilty Guilty Nolo contendere Other: 5. If you pleaded not guilty, what kind of trial did you have? Jury Judge without a jury Submitted on transcript Awaiting trial MC-275 [Rev. January 1, 2017] PETITION FOR WRIT OF HABEAS CORPUS Page 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com 6. GROUNDS FOR RELIEF Ground 1: State briefly the ground on which you base your claim for relief. For example, ''The trial court imposed an illegal enhancement.'' (If you have additional grounds for relief, use a separate page for each ground. State ground 2 on page 4. For additional grounds, make copies of page 4 and number the additional grounds in order.) MC­275 a. Supporting facts: Tell your story briefly without citing cases or law. If you are challenging the legality of your conviction, describe the facts on which your conviction is based. If necessary, attach additional pages. CAUTION: You must state facts, not conclusions. For example, if you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or failed to do and how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition. (See In re Swain (1949) 34 Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when) or place (where). (If available, attach declarations, relevant records, transcripts, or other documents supporting your claim.) b. Supporting cases, rules, or other authority (optional): (Briefly discuss, or list by name and citation, the cases or other authorities that you think are relevant to your claim. If necessary, attach an extra page.) MC-275 [Rev. January 1, 2017] PETITION FOR WRIT OF HABEAS CORPUS Page 3 of 6 American LegalNet, Inc. www.FormsWorkFlow.com 7. Ground 2 or Ground MC­275 (if applicable): a. Supporting facts: b. Supporting cases, rules, or other authority: MC-275 [Rev. January 1, 2017] PETITION FOR WRIT OF HABEAS CORPUS Page 4 of 6 American LegalNet, Inc. www.FormsWorkFlow.com MC­275 8. Did you appeal from the conviction, sentence, or commitment? Yes a. Name of court (''Court of Appeal'' or ''Appellate Division of Superior Court"): No If yes, give the following information: b. Result: d. Case number or citation of opinion, if known: e. Issues raised: (1) (2) (3) f. Were you represented by counsel on appeal? Yes c. Date of decision: No If yes, state the attorney's name and address, if known: 9. Did you seek review in the California Supreme Court? a. Result: c. Case number or citation of opinion, if known: d. Issues raised: (1) (2) (3) Yes No If yes, give the following information: b. Date of decision: 10. If your petition makes a claim regarding your conviction, sentence, or commitment that you or your attorney did not make on appeal, explain why the claim was not made on appeal: 11. Administrative review: a. If your petition concerns conditions of confinement or other claims for which there are administrative remedies, failure to exhaust adm

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