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.
A Maryland Petition for Writ of Habeas Corpus by a Person in State Custody who claims lack of voluntaries and ineffective assistance of counsel is a legal document filed by an individual who is challenging their current incarceration in the state of Maryland. This petition asserts that the person's imprisonment was unlawful due to either involuntary actions or inadequate legal representation during their trial or appeal process. The petition argues that the individual's conviction and subsequent imprisonment should be overturned on the grounds that their confession or guilty plea was not made voluntarily and that their legal counsel provided ineffective assistance, undermining their constitutional right to a fair trial. There are several types of Maryland Petition for Writ of Habeas Corpus related to lack of voluntaries and ineffective assistance of counsel, including: 1. Lack of Voluntaries: — Coerced confession: In this type of petition, the individual claims that their confession was obtained through coercion, duress, intimidation, or other unlawful means. — Mental incapacity: The petitioner argues that they were not mentally competent at the time of confession or trial, rendering their actions involuntary and their conviction invalid. — False or misleading evidence: The petitioner alleges that false or misleading evidence was presented during their trial, leading to their wrongful conviction. 2. Ineffective Assistance of Counsel: — Lack of legal representation: The petitioner asserts that they were denied proper legal representation during their trial, either due to an unqualified lawyer, lack of access to an attorney, or other deficiencies in their legal counsel. — Incompetence of counsel: This petition argues that the petitioner's lawyer did not provide competent legal representation, failing to adequately investigate, challenge evidence, present an effective defense, or provide informed advice on plea negotiations. — Conflict of interest: The petitioner claims that their attorney had a conflict of interest that affected their representation and compromised their right to a fair trial. These petitions aim to demonstrate that the petitioner's current custody is unconstitutional and should be rectified through the granting of a writ of habeas corpus. If successful, the court may order the petitioner's release or grant a new trial to address the alleged violations and ensure justice is served.
