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Habeas Corpus Petition Example In Collin

State:
Multi-State
County:
Collin
Control #:
US-000277
Format:
Word; 
Rich Text
Instant download

Description

The Habeas Corpus Petition Example in Collin is a legal document filed in a United States District Court, aimed at challenging the legality of a person's detention in state custody under 28 U.S.C. Section 2254. This form requires the petitioner to provide detailed personal information, including their name, prison number, and the grounds for their petition. Key features include sections on the petitioner's background, the legal basis for the petition, and claims of ineffective assistance of counsel highlighting issues with mental health. Filling out this form involves providing accurate personal details, citing specific legal grounds, and presenting supporting evidence through attached exhibits. This petition serves multiple use cases, particularly for attorneys and legal assistants who represent individuals in custody, as it provides a structured approach to gathering necessary information for a habeas corpus claim. It is valuable for paralegals and legal associates who may assist in drafting, editing, or filing such documents, as it emphasizes clarity and thoroughness in presenting the case. Overall, the form is essential for ensuring that individuals have an opportunity to contest their incarceration based on legal principles, making it a crucial tool within the legal ecosystem.
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  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel

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FAQ

(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.

In Collin County, if no bond is set and the arrested person does not want to wait in jail until a judge sets the bond, a lawyer can file a writ of habeas corpus to have the bond set.

State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.

Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention.

State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.

Art. 11.05. BY WHOM WRIT MAY BE ISSUED. The court of criminal appeals, the district courts, the county courts, or any judge of those courts may issue the writ of habeas corpus, and it is their duty, on proper application, to issue the writ under the rules prescribed by law.

(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.

In Collin County, if no bond is set and the arrested person does not want to wait in jail until a judge sets the bond, a lawyer can file a writ of habeas corpus to have the bond set.

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Habeas Corpus Petition Example In Collin