Petition For A Writ Of Habeas Corpus By A Person In State Custody

PETITION FOR WRIT OF HABEAS CORPUS: 28 USC §2254 (Rev. 9/10) ADOPTED BY ALL FEDERAL COURTS IN TEXAS IN THE UNITED STATES DISTRICT COURT FOR THE ___________________ DISTRICT OF TEXAS ___________________ DIVISION PETITION FOR A WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY __________________________________ PETITIONER (Full name of Petitioner) ____________________________________ CURRENT PLACE OF CONFINEMENT vs. ____________________________________ PRISONER ID NUMBER __________________________________ RESPONDENT ____________________________________ CASE NUMBER (Name of TDCJ Director, Warden, Jailor, or (Supplied by the District Court Clerk) authorized person having custody of Petitioner) __________________________________________________________________________________________ INSTRUCTIONS - READ CAREFULLY 1. The petition must be legibly handwritten or typewritten and signed and dated by the petitioner, under penalty of perjury. Any false statement of an important fact may lead to prosecution for perjury. Answer all questions in the proper space on the form. Additional pages are not allowed except in answer to questions 11 and 20. Do not cite legal authorities. Any additional arguments or facts you want to present must be in a separate memorandum. The petition, including attachments, may not exceed 20 pages. Receipt of the $5.00 filing fee or a grant of permission to proceed in forma pauperis must occur before the court will consider your petition. If you do not have the necessary filing fee, you may ask permission to proceed in forma pauperis. To proceed in forma pauperis, (1) you must sign the declaration provided with this petition to show that you cannot prepay the fees and costs, and (2) if you are confined in TDCJ-CID, you must send in a certified In Forma Pauperis Data Sheet form from the institution in which you are confined. If you are in an institution other than TDCJ-CID, you must send in a certificate completed by an authorized officer at your institution certifying the amount of money you have on deposit at that institution. If you have access or have had access to enough funds to pay the filing fee, then you must pay the filing fee. American LegalNet, Inc. www.FormsWorkFlow.com 2. 3. 4. 5. Only judgments entered by one court may be challenged in a single petition. A separate petition must be filed to challenge a judgment entered by a different state court. Include all of your grounds for relief and all of the facts that support each ground for relief in this petition. Mail the completed petition and one copy to the U. S. District Clerk. The "Venue List" in your unit law library lists all of the federal courts in Texas, their divisions, and the addresses for the clerk's offices. The proper court will be the federal court in the division and district in which you were convicted (for example, a Dallas County conviction is in the Northern District of Texas, Dallas Division) or where you are now in custody (for example, the Huntsville units are in the Southern District of Texas, Houston Division). 6. 7. 8. Failure to notify the court of your change of address could result in the dismissal of your case. ___________________________________________________________________________________ PETITION What are you challenging? (Check all that apply) 9 9 9 9 A judgment of conviction or sentence, (Answer Questions 1-4, 5-12 & 20-25) probation or deferred-adjudication probation. A parole revocation proceeding. (Answer Questions 1-4, 13-14 & 20-25) A disciplinary proceeding. (Answer Questions 1-4,15-19 & 20-25) Other:__________________________ (Answer Questions 1-4, 10-11 & 20-25) All petitioners must answer questions 1-4: Note: In answering questions 1-4, you must give information about the conviction for the sentence you are presently serving, even if you are challenging a prison disciplinary action. (Note: If you are challenging a prison disciplinary action, do not answer questions 1-4 with information about the disciplinary case. Answer these questions about the conviction for the sentence you are presently serving.) Failure to follow this instruction may result in a delay in processing your case. 1. Name and location of the court (district and county) that entered the judgment of conviction and sentence that you are presently serving or that is under attack: ___________________________ _____________________________________________________________________________ _____________________________________________________________________________ 2. 3. 4. Date of judgment of conviction: ___________________________________________________ Length of sentence: _____________________________________________________________ Identify the docket numbers (if known) and all crimes of which you were convicted that you wish to challenge in this habeas action:___________________________________________________ _____________________________________________________________________________ -2American LegalNet, Inc. www.FormsWorkFlow.com Judgment of Conviction or Sentence, Probation or Deferred-Adjudication Probation: 5. 6. 7. 8. 9. What was your plea? (Check one) Kind of trial: (Check one) Did you testify at trial? 9 Not Guilty 9 Judge Only 9 No 9 Yes 9 Guilty 9 Nolo Contendere 9 Jury 9 Yes Did you appeal the judgment of conviction? 9 No If you did appeal, in what appellate court did you file your direct appeal? __________________ _________________________________ Cause Number (if known) ____________________ What was the result of your direct appeal (affirmed, modified or reversed)?_________________ What was the date of that decision? ________________________________________________ If you filed a petition for discretionary review after the decision of the court of appeals, answer the following: Grounds raised:________________________________________________________________ _____________________________________________________________________________ Result: _______________________________________________________________________ Date of result: ______________________ Cause Number (if known): ___________________ If you filed a petition for a writ of certiorari with the United States Supreme Court, answer the following: Result: _______________________________________________________________________ Date of result: _________________________________________________________________ 10. Other than a direct appeal, have you filed any petitions, applications or motions from this judgment in any court,