Emergency Motion To Return Child With Autism In Wake

• Category: Criminal - Habeas Corpus
• State: Multi-State
• County: Wake
• Control #: US-000277
• Format: Word; Rich Text

Description

The document is a Petition for Writ of Habeas Corpus filed by a petitioner incarcerated at a state penitentiary, seeking relief on multiple grounds, including the claim that the guilty plea was not made voluntarily due to the petitioner’s mental illness and ineffective assistance of counsel. The petition states that the petitioner has a history of paranoid schizophrenia and was not adequately represented by legal counsel, as no psychiatric evaluation was obtained prior to the plea. It outlines the procedural history, including the filing of a prior Complaint for Post Conviction Collateral Relief, which was denied on the grounds of expiration of the statute of limitations. The petitioner argues that he needs to be transferred to a mental health facility for appropriate treatment rather than remaining in a correctional facility. Key features include identification of parties, background on the petitioner's mental state, and requests for either an evidentiary hearing or immediate release to a mental health facility. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a structured approach to presenting claims for relief and serves as a guide for documenting relevant case facts and procedural history. The clear format promotes understanding of critical legal arguments and necessary information for filing.