Petition For Relief From A Conviction Or Sentence By A Person In State Custody

Page 1 Petition for Relief From a Conviction or Sentence By a Person in State Custody (Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus) Instructions 1. To use this form, you must be a person who is currently serving a sentence under a judgment against you in a state court. You are asking for relief from the conviction or the sentence. This form is your petition for relief. You may also use this form to challenge a state 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. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file a motion under 28 U.S.C. § 2255 in the federal court that entered the judgment. Make sure the form is typed or neatly written. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a brief or arguments, you must submit them in a separate memorandum. You must pay a fee of $5. If the fee is paid, your petition will be filed. If you cannot pay the fee, you may ask to proceed in forma pauperis (as a poor person). To do that, you must fill out an in forma pauperis motion and you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. If your account exceeds $150.00, you must pay the filing fee. In this petition, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different court (either in the same state or in different states), you must file a separate petition. When you have completed the form, send the original and two copies to the Clerk of the United States District Court at this address: Clerk, U.S. District Court for the District of Kansas 444 S.E. Quincy, Room 490 Topeka, KS 66683 9. CAUTION: You must include in this petition all the 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. 2. 3. 4. 5. 6. 7. 8. 10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel. American LegalNet, Inc. www.USCourtForms.com Page 2 PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY United States District Court Name (under which you were convicted): Place of Confinement: District Docket or Case No.: Prisoner No.: Petitioner (include the name under which you were convicted) v. The Attorney General of the State of Respondent (authorized person having custody of petitioner) PETITION 1. (a) Name and location of court that entered the judgment of conviction you are challenging: (b) Criminal docket or case number (if you know): 2. (a) Date of the judgment of conviction (if you know): (b) Date of sentencing: 3. 4. 5. Length of sentence: In this case, were you convicted on more than one count or of more than one crime? Identify all crimes of which you were convicted and sentenced in this case: Yes " No " 6. (a) What was your plea? (Check one) (1) (2) Not guilty " Guilty " (3) (4) Nolo contendere (no contest) " Insanity plea " American LegalNet, Inc. www.USCourtForms.com Page 3 (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 " 7. Yes " No " 8. Did you appeal from the judgment of conviction? Yes " No " 9. If you did appeal, answer the following: (a) Name of court: (b) Docket or case number (if you know): (c) Result: (d) Date of result (if you know): (e) Citation to the case (if you know): (f) Grounds raised: Judge only " Did you testify at a pretrial hearing, trial, or a post-trial hearing? (g) Did you seek further review by a higher state court? If yes, answer the following: (1) Name of court: (2) Docket or case number (if you know): (3) Result: Yes " No " (4) Date of result (if you know): (5) Citation to the case (if you know): (6) Grounds raised: American LegalNet, Inc. www.USCourtForms.com Page 4 (h) Did you file a petition for certiorari in the United States Supreme Court? If yes, answer the following: (1) Docket or case number (if you know): (2) Result: Yes " No " (3) Date of result (if you know): (4) Citation to the case (if you know): 10. 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? Yes " No " 11. If your answer to Question 10 was "Yes," give the following information: (a) (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Yes " No " (7) Result: (8) Date of result (if you know): (b) If you filed any second petition, application, or motion, give the same information: (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: American LegalNet, Inc. www.USCourtForms.com Page 5 (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Yes " No " (7) Result: (8) Date of result (if you know): (c) If you filed any third petition, application, or motion, give the same information: (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Yes " No " (7) Result: (8) Date of result (if you know): (d) Did you appeal to the highest state court having jurisdiction over the action taken on your petition, application, or motion? (1) First petition: (2) Second petition: (3) Third petition: Yes " No " Yes " No " Yes " No " (e) If you did not appeal to