• US Legal Forms

Habeas Corpus For One In Georgia

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

Description

The Habeas Corpus for One in Georgia is a legal form designed for individuals currently in state custody who seek to challenge their detention. It allows petitioners to assert that their imprisonment is unlawful, often based on claims such as ineffective assistance of counsel or plea issues. Key features include sections for detailing the petitioner's personal information, the specifics of their conviction, and the grounds for relief, which may involve mental health issues or constitutional violations. Filling out the form requires careful attention to detail, ensuring all required information and supporting documents are included. This form is particularly valuable for attorneys, partners, owners, associates, paralegals, and legal assistants, as it provides a structured way to present a case for post-conviction relief. Specific use cases include those where petitioners claim inadequate legal representation or are seeking redress for violations of their rights. Utilizing the form can facilitate an evidentiary hearing, potentially leading to a successful overturning of a conviction or a transfer to appropriate mental health facilities.
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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

The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.

The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.

The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.

If an inmate meets all the requirements to file a petition for writ of habeas corpus, they will file their petition in the superior court in the court of conviction. Within 60 days, the court will review the petition to determine if the inmate raised a prima facie case entitling them to relief.

Such Petition for Writ of Habeas Corpus must be filed within the following time limits: 1. 180 days for a traffic offense; or 2. one year for a misdemeanor.

Habeas petitions are generally filed in superior court in the county where the inmate is being held. However, a federal inmate is required to file a petition in the sentencing court. After pleadings have been filed, the court generally sets a hearing date.

Habeas petitions are generally filed in superior court in the county where the inmate is being held. However, a federal inmate is required to file a petition in the sentencing court. After pleadings have been filed, the court generally sets a hearing date.

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Habeas Corpus For One In Georgia