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.
Writ Petition Format For High Court In North Carolina
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Writ of mandamus cases have a high success rate, with 99% of cases being processed and submitted faster without contestation in court. However, the success of the petition itself depends on the specific factors of the case. A writ of mandamus forces USCIS to make a decision but does not guarantee approval.
Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in cases specified in G.S. 17-4, may prosecute a writ of habeas corpus, ing to the provisions of this Chapter, to inquire into the cause of such imprisonment ...
“A writ of mandamus is an extraordinary court order to 'a board, corporation, inferior court, officer or person commanding the performance of a specified official duty imposed by law. '” In re T.H.T., 362 N.C. 446, 453 (2008) (citation omitted). The literal translation of the word “mandamus” is “We command.” Id.
In Anglo-American legal systems, mandamus (Latin for “we command”) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter's authority.
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
“A writ of mandamus is an extraordinary court order to 'a board, corporation, inferior court, officer or person commanding the performance of a specified official duty imposed by law. '” In re T.H.T., 362 N.C. 446, 453 (2008) (citation omitted). The literal translation of the word “mandamus” is “We command.” Id.
The majority of cases appealed from the Superior and District courts in civil and criminal cases are heard by the Court of Appeals. One major exception is capital murder appeals in which the death penalty was imposed; these appeals go directly to the Supreme Court of North Carolina.
(a) Appeal lies of right directly to the Supreme Court in any of the following cases: (1) All cases in which the defendant is convicted of murder in the first degree and the judgment of the superior court includes a sentence of death.
North Carolina Supreme Court Its case load consists primarily of cases involving questions of constitutional law, legal questions of major significance, and appeals from convictions imposing death sentences in first-degree murder cases.