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

Person In Custody Hit By Train In Travis

Category:

Criminal - Habeas Corpus

State:

Multi-State

County:

Travis

Control #:

US-000277

Format:

Instant download

Description

The document is a Petition for Writ of Habeas Corpus filed by a person in custody, specifically addressing the case of a petitioner who claims to have been wrongfully convicted due to ineffective assistance of counsel and mental illness. It outlines the petitioner's background, including their incarceration, the nature of the charges, and the plea agreement entered into without fully understanding the implications, largely owing to a history of paranoid schizophrenia. The petition identifies failures by the attorney, such as neglecting to secure a psychiatric evaluation and not suggesting alternative sentencing for the petitioner, leading to a claim that the conviction was unjust. It seeks a hearing to reassess the conviction and appeals for the petitioner to be moved to a mental health facility for proper care. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it offers a template for presenting cases involving mental health issues in the context of habeas corpus, emphasizing the importance of adequate legal representation. Completing and editing the form requires attention to specific details about the petitioner's identity, case history, and supporting evidence to ensure accurate representation of the case. Its structured format also aids in presenting complex legal arguments in a clear manner, making it accessible for legal professionals to utilize as a foundational document in similar cases.

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FAQ

His survival was a matter of inches. Mr. Lynskey was struck by the train but not head-on, ing to two law enforcement officials with knowledge of the matter. He also fell next to the train, not under it, apparently saving his life, the officials said.

The driver could be at fault if the accident investigation reveals there was reckless or negligent behavior on their part. If they failed to respect warning signals at crossings, if they tried to race the train, or if they were driving under the influence, they could be liable for the accident.

The car driver may receive a traffic citation, but it depends on why the crash occurs. If a train hits a car, and the collision causes any personal injuries, including to people on the train and in the car, the injured victims may claim financial compensation.

Trespassing on railroad property is usually a misdemeanor, with penalties ranging from $100 to $1,000, and some jail time, depending on the state. If your trespass results in the injury or death of someone else, you could face felony charges.

Trains must be rerouted temporarily to clean the tracks and investigate the fatality, causing delays for passengers and crews that may extend far beyond the site of the fatality, a costly economic inconvenience.