The 2254 form, officially the 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), is the primary legal tool for state prisoners to challenge their conviction or sentence in federal court. This petition applies to anyone currently in state custody under a judgment believed to violate the U.S. Constitution, a federal law, or a treaty.
Before filing Form 2254, petitioners must exhaust all state remedies available for each ground they intend to raise. Common grounds for relief include ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence of innocence, and violations of due process or equal protection. The petition must list all grounds in the initial filing, as claims not included may not be raised in future submissions. A filing fee is required, though petitioners who cannot afford it may apply for a fee waiver using the court's in forma pauperis form.
Capital cases in which the petitioner faces a death sentence require special handling, and these petitioners have the right to appointed counsel. For related habeas corpus forms, see our sample petition for writ of habeas corpus and US Courts Form 271. Browse our full legal document templates collection for other court and petition forms.
| Question | Answer |
|---|---|
| Form Name | 2254 Form |
| Form Length | 16 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 4 min |
| Other names | 2254 forms irs pdf form, 2254 form irs, federal habeas corpus, how to file a 2254 |
