Sample Petition For Writ Of Habeas PDF Form - FormsPal

Sample Petition For Writ Of Habeas PDF Details

When an individual is arrested and detained by law enforcement, they may file a petition for Writ of Habeas Corpus to challenge the legality of their detention. A writ of habeas corpus is a court order that requires a person or organization holding another person in custody to appear before the court and justify the detention. There are many factors to consider when filing a petition for Writ of Habeas Corpus, and it is important to carefully complete all required forms. The Sample Petition for Writ of Habeas Form on our website can help you get started.

We've gathered some useful facts about the sample petition for writ of habeas. There, you will find the information regarding the document you intend to fill in, including the assumed time to complete it along with other data.

Question	Answer
Form Name	Sample Petition For Writ Of Habeas
Form Length	6 pages
Fillable?	Yes
Fillable fields	1
Avg. time to fill out	1 min 42 sec
Other names	petition return child, petition for writ of habeas corpus to return child texas, ga corpus emergency court, georgia petition habeas

12

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Name:

Address:

CDC or ID Number:

Petitioner

vs.

Respondent

MC–275

(Court)

PETITION FOR WRIT OF HABEAS CORPUS

No.

(To be supplied by the Clerk of the Court)

INSTRUCTIONS—READ CAREFULLY

•If you are challenging an order of commitment or a criminal conviction and are filing this petition in the Superior Court, you should file it in the county that made the order.

•If you are challenging the conditions of your confinement and are filing this petition in the Superior Court, you should file it in the county in which you are confined.

•Read the entire form before answering any questions.

•This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and correct. Because the petition includes a verification, the making of a statement that you know is false may result in a conviction for perjury.

•Answer all applicable questions in the proper spaces. If you need additional space, add an extra page and indicate that your answer is ''continued on additional page."

•If you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies. Many courts require more copies.

•If you are filing this petition in the Court of Appeal in paper form and you are an attorney, file the original and 4 copies of the petition and, if separately bound, 1 set of any supporting documents (unless the court orders otherwise by local rule or in a specific case). If you are filing this petition in the Court of Appeal electronically and you are an attorney, follow the requirements of the local rules of court for electronically filed documents. If you are filing this petition in the Court of Appeal and you are not represented by an attorney, file the original and one set of any supporting documents.

•If you are filing this petition in the California Supreme Court, file the original and 10 copies of the petition and, if separately bound, an original and 2 copies of any supporting documents.

•Notify the Clerk of the Court in writing if you change your address after filing your petition.

Approved by the Judicial Council of California for use under rule 8.380 of the California Rules of Court (as amended effective January 1, 2007). Subsequent amendments to rule 8.380 may change the number of copies to be furnished to the Supreme Court and Court of Appeal.

		Page 1 of 6

Form Approved for Optional Use	PETITION FOR WRIT OF HABEAS CORPUS	Penal Code, § 1473 at seq.;
		Penal Code, § 1473 at seq.;
Judicial Council of California		Cal. Rules of Court, rule 8.380
MC-275 [Rev. January 1, 2017]		www.courts.ca.gov

MC–275

This petition concerns:

A conviction

Parole

A sentence

Credits

Jail or prison conditions

Prison discipline

Other (specify):

1.

Your name:

2.

Where are you incarcerated?

3.

Why are you in custody?

Criminal conviction

Civil commitment

Answer items a through i to the best of your ability.

a.State reason for civil commitment or, if criminal conviction, state nature of offense and enhancements (for example, ''robbery with use of a deadly weapon'').

b.Penal or other code sections:

c.Name and location of sentencing or committing court:

d.Case number:

e.Date convicted or committed:

f.Date sentenced:

g.Length of sentence:

h.When do you expect to be released?

i. Were you represented by counsel in the trial court?			Yes		No If yes, state the attorney's name and address:
i. Were you represented by counsel in the trial court?			Yes		No If yes, state the attorney's name and address:

4.

What was the LAST plea you entered? (Check one):

5.

Not guilty

Guilty

Nolo contendere

Other:

If you pleaded not guilty, what kind of trial did you have?

Jury

Judge without a jury

Submitted on transcript

Awaiting trial

MC-275 [Rev. January 1, 2017]	PETITION FOR WRIT OF HABEAS CORPUS

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6. GROUNDS FOR RELIEF

MC–275

Ground 1: State briefly the ground on which you base your claim for relief. For example, ''The trial court imposed an illegal enhancement.'' (If you have additional grounds for relief, use a separate page for each ground. State ground 2 on page 4. For additional grounds, make copies of page 4 and number the additional grounds in order.)

a.Supporting facts:

Tell your story briefly without citing cases or law. If you are challenging the legality of your conviction, describe the facts on which your conviction is based. If necessary, attach additional pages. CAUTION: You must state facts, not conclusions. For example, if you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or failed to do and how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition. (See In re Swain (1949) 34 Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when) or place (where). (If available, attach declarations, relevant records, transcripts, or other documents supporting your claim.)

b.Supporting cases, rules, or other authority (optional):

(Briefly discuss, or list by name and citation, the cases or other authorities that you think are relevant to your claim. If necessary, attach an extra page.)

MC-275 [Rev. January 1, 2017]	PETITION FOR WRIT OF HABEAS CORPUS

Page 3 of 6

MC–275

7. Ground 2 or Ground			(if applicable):

a. Supporting facts:

b. Supporting cases, rules, or other authority:

MC-275 [Rev. January 1, 2017]	PETITION FOR WRIT OF HABEAS CORPUS

Page 4 of 6

8. Did you appeal from the conviction, sentence, or commitment? Yes a. Name of court (''Court of Appeal'' or ''Appellate Division of Superior Court"):

MC–275

No	If yes, give the following information:

b. Result:

c. Date of decision:

d.Case number or citation of opinion, if known:

e.Issues raised: (1)

(2)

(3)

f. Were you represented by counsel on appeal?			Yes		No If yes, state the attorney's name and address, if known:
f. Were you represented by counsel on appeal?			Yes		No If yes, state the attorney's name and address, if known:

9. Did you seek review in the California Supreme Court?		Yes

a. Result:

c.Case number or citation of opinion, if known:

d.Issues raised: (1)

(2)

(3)

No	If yes, give the following information:

b. Date of decision:

10.If your petition makes a claim regarding your conviction, sentence, or commitment that you or your attorney did not make on appeal, explain why the claim was not made on appeal:

11.Administrative review:

a.If your petition concerns conditions of confinement or other claims for which there are administrative remedies, failure to exhaust administrative remedies may result in the denial of your petition, even if it is otherwise meritorious. (See In re Muszalski (1975)

52 Cal.App.3d 500.) Explain what administrative review you sought or explain why you did not seek such review:

b. Did you seek the highest level of administrative review available?		Yes

Attach documents that show you have exhausted your administrative remedies.

No

MC-275 [Rev. January 1, 2017]	PETITION FOR WRIT OF HABEAS CORPUS

Page 5 of 6

MC–275

12. Other than direct appeal, have you filed any other petitions, applications, or motions with respect to this conviction, commitment, or

issue in any court?		Yes If yes, continue with number 13.		No If no, skip to number 15.

13 a. (1) Name of court:

(2)Nature of proceeding (for example, ''habeas corpus petition"):

(3)Issues raised: (a)

(b)

(4)Result (attach order or explain why unavailable):

(5)Date of decision: b. (1) Name of court:

(2)Nature of proceeding:

(3)Issues raised: (a)

(b)

(4)Result (attach order or explain why unavailable):

(5)Date of decision:

c. For additional prior petitions, applications, or motions, provide the same information on a separate page.

14.If any of the courts listed in number 13 held a hearing, state name of court, date of hearing, nature of hearing, and result:

15.Explain any delay in the discovery of the claimed grounds for relief and in raising the claims in this petition. (See In re Swain (1949) 34 Cal.2d 300, 304.)

16. Are you presently represented by counsel?

Yes

No	If yes, state the attorney's name and address, if known:

17. Do you have any petition, appeal, or other matter pending in any court?

Yes

No	If yes, explain:

18. If this petition might lawfully have been made to a lower court, state the circumstances justifying an application to this court:

l, the undersigned, say: I am the petitioner in this action. I declare under penalty of perjury under the laws of the State of California that the foregoing allegations and statements are true and correct, except as to matters that are stated on my information and belief, and as to those matters, I believe them to be true.

Date:

(SIGNATURE OF PETITIONER)

MC-275 [Rev. January 1, 2017]	PETITION FOR WRIT OF HABEAS CORPUS
MC-275 [Rev. January 1, 2017]

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How to Edit Sample Petition For Writ Of Habeas Online for Free

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writ corpus child gaps to consider

In the area This, petition, concerns, A, conviction A, sentence Parole, Credits, Jailor, prison, conditions Prison, discipline Other, specify Your, name Where, are, you, incarcerated Why, are, you, in, custody Criminal, conviction Civil, commitment and Penal, or, other, code, sections provide the information that the system asks you to do.

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You can be requested for specific valuable data if you need to submit the Case, number Date, convicted, or, committed Date, sentenced Length, of, sentence When, do, you, expect, to, be, released Yes, Not, guilty Guilty, No, lo, contender, e and Other field.

writ corpus child Casenumber, Dateconvictedorcommitted, Datesentenced, Lengthofsentence, Whendoyouexpecttobereleased, Yes, Notguilty, Guilty, Nolocontendere, and Other fields to fill out

In the paragraph Jury, Judge, without, a, jury Submitted, on, transcript Awaiting, trial MC, Rev, January PETITION, FOR, WRIT, OF, HA, BE, AS, CORPUS and Page, of record the rights and responsibilities of the sides.

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