Free PETITION UNDER 28 U.S.C. 2254 BY A PERSON IN CUSTODY PURSUANT TO A STATE COURT JUDGMENT - Florida


File Size: 50.3 kB
Pages: 6
Date: January 28, 2004
File Format: PDF
State: Florida
Category: Court Forms - Federal
Author: Northern District of Florida
Word Count: 1,017 Words, 5,330 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.flnd.uscourts.gov/forms/Pro%20Se/2254-form.pdf

Download PETITION UNDER 28 U.S.C. 2254 BY A PERSON IN CUSTODY PURSUANT TO A STATE COURT JUDGMENT ( 50.3 kB)


Preview PETITION UNDER 28 U.S.C. 2254 BY A PERSON IN CUSTODY PURSUANT TO A STATE COURT JUDGMENT
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PETITION UNDER 28 U.S.C. 2254 BY A PERSON IN CUSTODY PURSUANT TO A STATE COURT JUDGMENT UNITED STATES DISTRICT COURT
Name of Petitioner: Division: Case No. (to be assigned by Clerk):

Prisoner No.:

Place of Confinement (include address):

NAME OF PETITIONER
(include aliases)

v.

NAME OF RESPONDENT
(authorized person having custody of petitioner)

ATTORNEY GENERAL OF THE STATE OF:
(State in which challenged judgment was entered)

PETITION 1. Name and location (circuit and county) of court which entered the judgment of conviction/sentence und er attack :

2. Da te of judgm ent (c onviction/sente nce ): 3. Len gth of sen tenc e: 4. Na ture o f offe nse involved (all counts ):

5. W hat was your plea? (Check one) (a) No t Gu ilty G (b) Guilty G (c) Nolo contendere G

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If you en tered a guilty plea to one co unt or indictm ent, and n ot a guilty plea to anoth er co unt or indictm ent, give details:

6. If you pleaded not guilty, what kind of trial did you have? (Check one) (a) Jury G (b) J udge only G 7. D id you testify at th e trial? Yes G No G 8. Did you appeal from the judgment of conviction? Yes G No G 9. If you did appeal, answer the following: (a) Nam e of C ourt: (b) Resu lt: (c) Date of opinion an d m and ate (inc lude So.2 d citation , if kno wn):

(d) Did you file a petition for rehearing? Yes G No G If yes, give the result an d da te of the res ult:

(e) Did you file petition for writ of certiorari? Yes G No G If yes, give the result an d da te of the res ult:

10. O ther than the direct appea l, have you previou sly filed any petitions, applications , or m otions with respect to this judgment in state court? Yes G No G 11. If your answer to 10 was "yes," give the following information: (a) (1) N am e of c ourt: (2) D ate filed: (3) N ature of pro cee ding (Fla.R .Crim .P. 3.850, habe as c orpu s, etc.):

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(4) G roun ds ra ised:

(5) Did you receive an evidentiary hearing on your petition, application or motion? Yes G No G (6) R esu lt: (7) D ate of result: (b) Did you ap pea l the res ult? Yes G No G

If yes, give the result an d da te of the op inion and m and ate (inc lude So.2 d citation , if kno wn):

(c)

If you did not app eal the resu lt, explain briefly why you did not:

12. Did you file any other petitions or motions in state court aside from those described above? Yes G No G If yes, set forth on a separate sheet of paper the same information (as requested in 11(a)-(c)) as to the other petitions or motions. 13. Have you previously filed a 225 4 petition, or other pleading regarding the validity of your state court con finem ent, in any federal court? Yes G No G If yes, provide the nam e of the court, case nu m ber, and result (including the result of any appeal):

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14. In the spaces below, set forth all grounds on which you claim that you are being held in violation of the Cons titution, laws or treaties of the United States. You m ust provide a sum m ary of spe cific facts in support of each ground raised. Even if you file a separate mem orandum of law, the facts must be set forth on this petition form. If necessary, you may attach pages setting forth additional grounds and sup porting fac ts. Caution: If you fail to set forth all grounds in this petition, you may be barred from presenting additional grounds at a later date. A. Groun d on e:

Supporting FACTS (state briefly withou t citing ca ses or law):

Did you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? Yes G No G If yes, ex plain how it was ra ised; if no ex plain w hy it was not raised:

B.

Groun d two :

Supporting FACTS (state briefly withou t citing ca ses or law):

Did you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? Yes G No G

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If yes, ex plain how it was ra ised; if no ex plain w hy it was not raised:

C.

Groun d thre e:

Supporting FACTS (state briefly withou t citing ca ses or law):

Did you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? Yes G No G If yes, ex plain how it was ra ised; if no ex plain w hy it was not raised:

D.

Groun d fou r:

Supporting FACTS (state briefly withou t citing ca ses or law):

Did you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? Yes G No G If yes, ex plain how it was ra ised; if no ex plain w hy it was not raised:

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E.

Set forth additional grounds, if any, on sepa rate sheets of pap er.

15. What relief do you seek from this Court if your 2254 petition is granted?

W herefore, petition er pra ys th at th e C ourt grant all relie f to which he or s he m ay be entitle d in this proceeding.

__________________________________________ Sig nature of Attorney (if any)

I declare (or certify, verify, or state ) und er pe nalty or perjury that the foregoing is true and correct. Executed on:

________________________ (Date)

__________________________________________ Signature of Petitioner

IF MAILED BY PRISONER: I declare or state under pena lty of perjury that this petition was (check one): G delivered to prison officials for mailing, or G deposited in the prison's internal mail system on: ______ ______ ______ ______ (date).

__________________________________________ Signature of Petitioner
Revised 07/02

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