Petition For Writ Of Habeas Corpus {AO 241}

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA INSTRUCTIONS FOR FILING A PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2254 1. To use this form, you must be a person currently serving a sentence under a judgment against you in state court. If you wish to challenge the validity of a federal judgment of conviction and sentence, you should not use this form and instead file a motion under 28 U.S.C. § 2255 in the federal court which entered the judgment. You may also use this form to challenge a state court 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. This petition must be legibly handwritten or typewritten and signed by the petitioner under penalty of perjury. If you make a false statement of a material fact, you may be prosecuted for perjury. All questions must be answered concisely in the proper space on the form. If needed, you may attach additional pages. If you attach additional pages, number the pages and identify which section of the petition is being continued. Do NOT write on the back of any page. Do not use this form unless you were convicted in a state court in one of the following Alabama counties: BIBB, BLOUNT, CALHOUN, CHEROKEE, CLAY, CLEBURNE, COLBERT, CULLMAN, DEKALB, ETOWAH, FAYETTE, FRANKLIN, GREENE, JACKSON, JEFFERSON, LAMAR, LAUDERDALE, LAWRENCE, LIMESTONE, MADISON, MARION, MARSHALL, MORGAN, PICKENS, SHELBY, ST. CLAIR, SUMTER, TALLADEGA, TUSCALOOSA, WALKER, or WINSTON. In order for your petition to be filed, it must be accompanied by the $5.00 filing fee. If you are unable to pay the filing fee, you may petition the court to proceed as an indigent party. An Application to Proceed In Forma Pauperis is included with this petition. No more than one petitioner may be named in a petition. Each petitioner must file a separate petition and pay the filing fee or submit an Application to Proceed In Forma Pauperis. Only judgments entered by one court may be challenged in a single petition. If you seek to challenge judgments entered by different courts, you must file separate petitions as to each court. You must include in this petition all 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. Capital Cases: If you are under a sentence of death and are indigent, you may be entitled to the assistance of counsel and should request the appointment of counsel. You must immediately notify the court in writing of any change of address. If you do not, the court may dismiss your case. Mail the original petition and the filing fee of $5.00 or an Application to Proceed In Forma Pauperis to the following address: Clerk's Office, United States District Court, Northern District of Alabama, Room 140, Hugo L. Black U.S. Courthouse, 1729 5th Avenue North, Birmingham, AL 35203-2195 or Clerk's Office, United States District Court, Northern District of Alabama, 101 Holmes Avenue, Huntsville, AL 35801. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. American LegalNet, Inc. www.FormsWorkFlow.com AO 241 (Rev. 10/16) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY ___________________________________________________ Plaintiff-Petitioner (Full name under which you were convicted) Place of Confinement: ________________________________________ Prisoner No.: ________________________________________ -v____________________________________________________ Respondent (Name of Warden, Superintendent, Jailer, or authorized person having custody of petitioner.) and THE ATTORNEY GENERAL OF THE STATE OF ALABAMA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. __________________ (to be filled in by the Clerk's Office) PETITION 1. (a) Name and location of court that entered the judgment of conviction you are challenging. Do not use this form unless you were convicted in one of the following counties: BIBB, BLOUNT, CALHOUN, CHEROKEE, CLAY, CLEBURNE, COLBERT, CULLMAN, DEKALB, ETOWAH, FAYETTE, FRANKLIN, GREENE, JACKSON, JEFFERSON, LAMAR, LAUDERDALE, LAWRENCE, LIMESTONE, MADISON, MARION, MARSHALL, MORGAN, PICKENS, SHELBY, ST. CLAIR, SUMTER, TALLADEGA, TUSCALOOSA, WALKER, WINSTON. (b) 2. (a) (b) Criminal docket or case number (if you know): Date of the judgment of conviction (if you know): Date of Sentencing: 1 American LegalNet, Inc. www.FormsWorkFlow.com 3. 4. 5. Length of Sentence: In this case, were you convicted on more than one count or more than one crime? Yes Identify all crimes of which you were convicted and sentenced in this case: No 6. (a) What was your plea? (Check one) (1) (2) Not guilty Guilty (3) (4) Nolo contendere (no contest) 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? (c) If you went to trial, what kind of trial did you have? (Check one) Jury Judge only 7. Did you testify at a pretrial hearing, trial, or a post-trial hearing? Yes No 8. Did you appeal from the judgment of conviction? Yes No 9. If you did appeal, answer the following: (a) (b) (c) (d) (e) (f) Name of court: Docket or case number (if you know): Result: Date of Result (if you know): Citation to the case (if you know): Grounds raised: 2 American LegalNet, Inc. www.FormsWorkFlow.com (g) Did you seek further review by a higher state court? If yes, answer the following: (1) (2) (3) Name of court: Docket or case number (if you know): Result: Yes No (4) (5) (6) Date of result (if you know): Citation to the case (if you know): Grounds raised: (h) Did you file a petition for certiorari in the United States Supreme Court? If yes, answer the following: (1) (2) Docket or case number (if you know): Result: Yes No (3) (4) 10. Date of result (if you know): Citation to the case (if you know): Yes No Other than the direct appeals listed above, have you previously filed any other petitions, applications, or motions concerning this judgment of conviction in any state court? 11. If your answer to Question 10 was "Yes," give the following information: (a) (1) (2) (3) (4) (5) Name of court: Docket or case number (if you know): Date of filing (if you know): Nature of the proceeding: Grounds raised: 3 American Legal