This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Ineffective Counsel Motion Form For Court In Cuyahoga
Category:
State:
Multi-State
County:
Cuyahoga
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
Appellate courts often issue orders to show cause to lower courts requesting that the lower court explain why the appellant should not be granted the relief requested by the writ or appeal. An order to show cause is always an interim order (because it is never the first nor the final action in a legal action).
A motion to show cause is used to bring one party's failure to comply with a Court order to the Court's attention. The motion to show cause must be completely filled out and must be supported by an Affidavit.
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.
For example, if your ex-wife believes that you are smoking weed or drinking alcohol in front of your child in violation of the Order that states no drugs or alcohol are to be in the presence of the minor child, her attorney may file an Order to Show Cause.
To establish ineffective assistance of appellate counsel, you must demonstrate two things: (1) that appellate counsel's performance was deficient, and (2) that, if not for the deficient performance, there is a reasonable probability that the result of your appeal would have been different.
After both parties have argued their case and presented evidence, the judge will render a decision. The judge can order a non-compliant party to take steps to remedy the situation, and impose legal penalties upon the non-compliant party.
Except for motions made during a hearing or during trial, motions are required to be in writing. They must also be filed in court and served on the opposing party's attorney (or the party if not represented by counsel). If the motion is contested, the opposing attorneys will also file papers opposing the motion.
11.0 HEARING AND SUBMISSION OF MOTIONS If the motion requires consideration of facts not appearing of record, the movant shall serve and file copies of all affidavits, depositions, photographs or documentary evidence which the movant desires to submit in support of the motion.
To get postconviction relief, you must have the evidence to prove the claimed constitutional violations. You must provide evidence, often including affidavits, showing that you are entitled to postconviction relief.