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.
Habeas Corpus Writ Petition Sample With Citation In Suffolk
Category:
State:
Multi-State
County:
Suffolk
Control #:
US-000277
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Word;
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FAQ
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.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
A request for emergency relief pending the determination of an appeal or a motion for permission to appeal shall be brought on by order to show cause. The applicant shall contact the clerk's office in advance of the filing. The papers shall be filed as directed by the clerk's office.
Legal Examples: A Show Cause Order is issued to a party who has allegedly violated a court order. The individual must appear in court to explain why they should not be held in contempt for failing to comply with the original order, such as not paying court-ordered child support.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
Grounds for a writ of habeas corpus in New York exist when a person is unlawfully imprisoned or detained. A writ of habeas corpus is a limited remedy in New York compared to other states and the federal statute authorizing the writ. Most challenges to a conviction are accomplished by appeal or a CPL 440 action.
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These are the official forms for use in Family Court proceedings. You do not need to cite law.You may submit additional pages if necessary. This is a petition for a writ of habeas corpus filed on behalf of. The forms listed below are used in civil and criminal cases in the Superior Court. They are for lawyers and for people who do not have lawyers. The Habeas Corpus petition claims the arrest, sentence, or trial violated constitutional law, making imprisonment unlawful. LAW"). 3. Other ways of attacking your conviction include filing an appeal, or a state or federal writ of habeas corpus. This form is fillable. It must be opened in Adobe Acrobat in order for all the date functions to work properly.