US Legal Forms
Petition For Writ Of Habeas Corpus By Person In State Custody - Lack...

Ineffective Counsel Motion Form With Motion In Pima

Category:

Criminal - Habeas Corpus

State:

Multi-State

County:

Pima

Control #:

US-000277

Format:

Instant download

Description

The Ineffective counsel motion form with motion in Pima is a specialized legal document used to petition for relief based on claims of ineffective assistance of counsel in criminal cases. This form is particularly important for defendants seeking redress after a guilty plea when there are substantial concerns regarding their representation. Key features include sections for the petitioner's personal information, details of their conviction, and specific grounds for the ineffective counsel claim, such as lack of psychiatric evaluation and the failure to present alternative sentencing options. Filling instructions emphasize the need for clarity and completeness in each section, as inaccuracies can impede the petition's success. This form can be edited to reflect the individual circumstances of the case, including the unique legal arguments that support the claim. Targeted towards attorneys, partners, owners, associates, paralegals, and legal assistants, this form serves as a vital tool in advocating for clients who believe their legal rights were compromised. It highlights the need for effective representation and addresses systemic deficiencies within the legal process, ultimately aiming to secure justice for the individual involved.

Define habeas corpus in in Alameda

View this form

Format of habeas corpus writ petition in supreme court

View this form

Supplemental Application For Compensation ...

View this form

Electrical, Drywall, and General Construct...

View this form

Agreement for Professional or Technical Se...

View this form

Form popularity

FAQ

Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.

Generally, your Summons and Complaint must be served within 90 days after you file the Complaint. (ARCP 4(i)) If you fail to serve the Defendants within 90 days, your Complaint will be dismissed.

I have a warrant, what do I do? A: To quash a warrant, you must appear for a Motion to Quash hearing. Warrants are no longer quashed on the same day.

During a trial in Arizona, a defense attorney may ask for a Rule 11 evaluation of his or her client. Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent.

Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.

Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

(c) Timing. A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission.

The defense attorney failed to object to evidence that should not have been admissible. The defense attorney failed to make reasonable investigations into the facts of the case. The defense attorney failed to take effective steps to rebut evidence offered by the prosecution, e.g. by failing to request DNA testing.

File a motion for a new trial: Your attorney will file a motion for a new trial, which will argue that your trial lawyer provided ineffective assistance of counsel. The motion will include evidence to support this claim. Attend a hearing: The court will hold a hearing to consider your motion for a new trial.