Habeas Corpus Petition (Pur To 28 USC-2254)

- i - 247 2254 May 2017 PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 247 2254 BY A PERSON IN STATE CUSTODY INSTRUCTIONS---READ CAREFULLY 1. Use This Form If you are a person currently serving or will serve a sentence entered by a state court and you are asking for relief from the conviction or the sentence. Do Not Use This Form *IF YOU ARE CHALLENGING YOUR FEDERAL CONVICTION OR SENTENCE. INSTEAD, USE THE FORM ENTITLED UNDER 28 U.S.C. 247 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL IF 28 U.S.C. 247 2255 IS INADEQUATE OR INEFFECTIVE TO TEST THE LEGALITY OF YOUR DETENTION, USE THE FORM ENTITLED FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 247 2241 BY A PERSON IN *IF YOU ARE A PRETRIAL DETAINEE CHALLENGING YOUR PRE-CONVICTION CUSTODY, A FEDERAL PRISONER CHALLENGING THE EXECUTION OF YOUR SENTENCE OR AN ACTION TAKEN BY THE BUREAU OF PRISONS, OR A PERSON IN CUSTODY CHALLENGING AN IMMIGRATION-RELATED ORDER (OTHER THAN A REMOVAL ORDER), OR IN OTHER SITUATIONS WHERE RELIEF IS NOT AVAILABLE UNDER 28 U.S.C. 247 2254 OR 28 U.S.C. 247 2255, OR IF 28 U.S.C. 247 2255 IS INADEQUATE OR INEFFECTIVE TO TEST THE LEGALITY OF YOUR DETENTION, USE THE FORM ENTITLED FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 247 2241 BY A PERSON IN 2. Readable You may either type or neatly handwrite the information on the following form. It must be readable. 3. Signed Under Penalty of Perjury To submit your petition, it must be signed. Your signature indicates that the petition is signed "under penalty of This means that any false statement of a material fact presented in your petition may serve as a basis for prosecution and conviction for perjury. Your signature does not have to be witnessed by a notary public. The petition may also be signed by a person authorized to sign it for you, such as an attorney. 4. Copies and Proper Court When the petition is fully completed, you must mail the original to: Clerk of Court, United States District Court for the Eastern District of Wisconsin, 517 East Wisconsin Avenue, Milwaukee, WI 53202. 5. All Grounds You must include all grounds for relief in this petition and the facts supporting each ground for relief. If you fail to do so, you may be prevented from presenting additional grounds at a later date. 6. Legal Citations and Arguments You must answer all applicable questions. However, you should not cite to legal authorities (i.e., case law or statutes) on this form. If you submit a supporting memorandum in addition to this form, it must not exceed fifteen (15) pages. Excess pages will not be considered. 7. Fee You must either (a) pay the filing fee of $5.00 or (b) if you do not have the $5.00, you may request permission to proceed in forma pauperis (as a poor person), in which event you must complete and sign the petition and affidavit attached to this petition and have an authorized officer at the penal institution complete and sign the attached certificate. You must also have an authorized officer attach a printout of your prison trust account statement activity for the six months prior to the filing of your petition. 8. Prisoner E-Filing Program Inmates confined at Dodge Correctional Institution, Green Bay Correctional Institution, Waupun Correctional Institution, Wisconsin Secure Program Facility, Columbia Correctional Institution, and Oshkosh Correctional Institution must submit all correspondence and case filings, including the habeas petition and any in forma pauperis petition, to institution staff for filing. American LegalNet, Inc. www.FormsWorkFlow.com - 1 - 247 2 2 5 4 J u n e 2 0 1 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN , Petitioner, Full N am e (under w hich you w ere convicted) Prisoner N um ber Docket No. (to be supplied by Clerk) Place of C onfinem ent vs. , Respondent. Authorized Person H aving C ustody of Petitioner PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 247 2254 BY A PERSON IN STATE CUSTODY Caution: THIS IS NOT THE FORM TO BE USED, IF YOU CLAIM THAT YOUR FEDERAL SENTENCE OR CONVICTION IS UNLAWFUL, OR IF YOU ARE A PRETRIAL DETAINEE CHALLENGING YOUR PRECONVICTION CUSTODY, A FEDERAL PRISONER CHALLENGING THE EXECUTION OF YOUR SENTENCE OR AN ACTION TAKEN BY THE BUREAU OF PRISONS, OR A PERSON IN CUSTODY CHALLENGING AN IMMIGRATION-RELATED ORDER. American LegalNet, Inc. www.FormsWorkFlow.com - 2 - 247 2 2 5 4 J u n e 2 0 1 3 I. SUBJECT OF THIS PETITION A. Name and location of the state court that entered the judgment of conviction which you are challenging B. Criminal docket or case number C. Date of the judgment of conviction D. Date of sentencing E. Length of sentence F. In this case, were you convicted on more than one count or of more than one crime? G Yes G No G. Identify all crimes of which you were convicted and sentenced in this case H. What was your plea? (C heck one) G Not guilty G Guilty G Insanity plea G Nolo contendere (no contest) 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? I. If you went to trial, what kind of trial did you have? (Check one) G Jury G Judge only American LegalNet, Inc. www.FormsWorkFlow.com - 3 - 247 2 2 5 4 J u n e 2 0 1 3 SUBJECT OF THIS PETITION - c o ntin u e d J. Did you testify at a pretrial hearing, trial, or a post-trial hearing? G Yes G No If yes, state the type(s) of hearing or proceeding II. DIRECT STATE APPEAL OF CONVICTION A. Did you appeal from the judgment of conviction? G Yes G No If yes, attach the decision(s) that resolved your appeal and answer the following questions: 1. Date of filing appeal 2. Grounds raised 3. Result 4. Date B. Did you seek further review by the highest state court? G Yes G No If yes, attach the decision(s) that resolved your petition for review and answer the following questions: 1. Date of filing of petition for review 2. Grounds raised 3. Result 4. Date American LegalNet, Inc. www.FormsWorkFlow.com - 4 - 247 2 2 5 4 J u n e 2 0 1 3 DIRECT STATE APPEAL OF CONVICTION - c o ntin u e d C. Did you file a petition for certiorari in the United States Supreme Court? G Yes G No If yes, attach the decision(s) that resolved your petition for certiorari and answer the following questions: 1. Date of filing petition for certiorari 2. Grounds raised 3. Result 4. Date III. STATE POST-CONVICTION RELIEF OTHER THAN DIRECT APPEAL A. Other than the appeals listed above in Section II, have you previously filed any other state petitions, applications, or motions concerning this state judgment of conviction? G Yes G No If yes, attach the decision(s) that resolved your application for state post-conviction relief and answer the following questions: 1. Name of court 2. Docket or case number 3. Date of filing 4. Type of petition, application, or motion filed 5. Grounds raised 6. Did you receive a hearing where evidence was given on your petition, application, or motion? G Yes G No 7. Result American LegalNet, Inc. www.FormsWorkFlow.com - 5 - 247 2 2 5 4 J u n e 2 0 1 3 S T A T E P O S T - C O NVICTI O N REL I EF O T HER TH A N D I RECT A PPE A L - c o n t i n u e d 8. Date 9. Did you appeal to the highest state court having jurisdiction over the action taken on your first state petition, application, or motion? G Yes G No B. If you filed a second petition, application, or motion, attach the decision and answer the following questions: 1. Name of court 2. Docket or case number 3. Date of filing 4. Type of petition, application, or motion filed 5. Grounds raised 6. Did you receive a hearing where evidence was given on your petition, application, or motion? G Yes G No 7. Result 8. Date 9. Did you appeal to the highest state court having jurisdiction over the action taken on your second state petition, application, or motion? G Yes G No C. If you filed a third petition, application, or motion, attach the decision and answer the following questions: 1. Name of court 2. Docket or case number 3. Date of filing American LegalNet, Inc. www.FormsWorkFlow.com - 6 - 247 2 2 5 4 J u n e 2 0 1 3 S T A T E P O S T - C O NVICTI O N REL I EF O T HER TH A N D I RECT A PPE A L - c o n t i n