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.
Format Of Habeas Corpus Writ Petition In Supreme Court In Palm Beach
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
When you file a petition for a writ of habeas corpus, you are asking a judge for a hearing to determine whether your imprisonment is lawful. This hearing is not another trial. Instead of deciding whether you were guilty or not, the judge will evaluate the fairness of the procedure used to convict and sentence you.
Under the Florida and United States Constitutions, you have the right to file a writ of habeas corpus if you are being locked up in a federal or state correctional facility. This type of writ in state or federal court. When you file your petition, you are asking the judge to decide whether your imprisonment is lawful.
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.
The Florida Constitution authorizes the following extraordinary writs: prohibition, mandamus, quo warranto, habeas corpus, and certiorari.
(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.
The Supreme Court has the constitutional authority to issue the extraordinary writs of prohibition, mandamus, quo warranto, and habeas corpus and to issue all other writs necessary to the complete exercise of its jurisdiction.
Under article V, section 3(b)(8) of the Florida Constitution, this Court “may issue writs of mandamus and quo warranto to state officers and state agencies.”
Article I, Section 9, Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
After the Writ of Habeas Corpus is filed, the Court has a few options. The Court may deny the Writ, the Court may request that the government submit a response to the Writ, or the Court may grant the Writ.
More info
The petition preserves claims arising under decisions of the United States Supreme. Many court forms are provided in PDF format.The free Adobe Acrobat Reader (link is external) may be used to view, save and print PDF forms. All proceedings were held in Orange County, Florida, Circuit. Court Judge Thomas W. Turner presiding. The filer electronically or paper files a Writ of Habeas Corpus. f. The Antiterrorism and Effective Death Penalty Act (AEDPA) establishes a one-year period for filing a § 2254 petition for a writ of habeas corpus. Motion to Compel Ruling on Petition for Writ of Habeas Corpus, or in the Alternative, for. No filing fee for the Petition for Writ of Habeas Corpus will be required of the Petitioner. To get a writ of habeas corpus, you must file a petition for a civil (not criminal) proceeding in either state or federal court.