Free Petition for Writ of Habeas Corpus - Michigan

(Rev. 12/2004)

Petition for Relief From a Conviction or Sentence By a Person in State Custody
(Petitione r Un der 28 U.S.C . § 225 4 for a W rit of H abea s Cor pus) Instructions 1. To use this form, yo u must be a p erson who is currently serving a sentenc e under a jud gment against you in a state co urt. This form is your petition for relief from that conviction or sentence. 2. You may also use this form to challenge a state judgment that imposed a sentenc e to be serve d in the future, but you must fill in the name of the state where the judgment was entered. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you sho uld file a m otion under 28 U.S.C. § 2 255 in the federal co urt that entered the judgment. 3. Make sure the form is typed or neatly written. 4. You must tell the truth and sign the form. If you make a false statement of a material fact, you may b e pro secuted for p erjury. 5. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or corrected information. If you want to submit a brief or arguments, you must submit them in a separate memorandum. 6. You must pay a fee of $5. If the fee is paid, your petition will be filed. If you cannot pay the fee, you may ask to proceed in forma pauperis (as a poo r person). T o do that, you must fill out the enclosed AO 240 form. Also, you m ust subm it a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. 7. In this petition, you may challenge the judgm ent entered b y only on e cou rt. If you want to cha llenge a judgment entered by a different court (either in the same state or in different states), you must file a separate petition. 8. W hen you have completed the form, send the original and two copies to the Clerk of the United States District Court at one of the following add resses:

Ronald C. Weston, Sr. Clerk, U.S. District Court 399 Federal Bldg. 110 Michigan St., NW Grand Rapids, MI 49503 Ronald C. Weston, Sr. Clerk, U.S. District Court 229 Federal Bldg. P.O. Box 698 Marquette, MI 49855

Ronald C. Weston, Sr. Clerk, U.S. District Court B-35 Federal Bldg. 410 W. Michigan Ave. Kalamazoo, MI 49007 Ronald C. Weston, Sr. Clerk, U.S. District Court 113 Federal Bldg. 315 W. Allegan Lansing, MI 48933

9.

CAUTION: You must include in this petition all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts tha t suppor t each groun d. If yo u fail to set for th all th e gro und s in this petition, you may be barred from presenting additional grounds at a later date.

(Rev. 12/2004)

PETITION UNDER 28 USC § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY

United States District Court
Name (under which you we re convicted ):

District Do cket or Case No.:

Place of Confinement: Name o f Petitioner (include name under which convicted) v.

Priso ner N o.: Name of Respondent (authorized person having custody)

The Attorney G enera l of the State of:

PETITION 1. (a) Name and location of court that entered the judgment of conviction you are challenging:

(b) Criminal do cket or case numb er: 2. 3. Date of jud gment of conviction : Identify all counts and crimes for which you we re convicted and se ntence d in this case:

4.

Length of sentence for eac h count or crime for which you we re convicted in this case:

5.

(a) W hat was your plea? No t guilty Guilty No lo contendere (no contest)

9 9 9

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(b) If you entered a guilty plea to one co unt or charge, and a not guilty plea to ano ther count or charge, give details:

6.

If you went to trial, what kind of trial did you have? (Check one) (a) Jury 9 (b) Judge only 9 Did you testify at the trial? Yes

7. 8. 9.

9 No 9 9 No 9

Did you file a direct appea l to the Michigan Court of Appe als from the judgm ent of conviction? Yes If you did appeal, answer the following: (a) Date you filed : (b) Do cket or case numb er: (c) Result: (d) Date of result: (e) G rounds raised:

Please submit, if available, a copy of any brief filed on your behalf and a co py of the decision by the co urt. (g) Did you seek further review o f the decision on ap peal by the M ichigan Supreme C ourt? Y es If yes, answer the following: (1) Date you filed : (2) Do cket or case numb er: (3) Result: (4) Date of result:

9 No 9

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(5) Gro unds raised:

Please submit, if available, a copy of any brief filed on your behalf and a co py of the decision by the co urt. (h) Did you file a petition for certiorari in the United S tates Suprem e Court? Yes If yes, answer the following: (1) Date you filed : (2) Do cket or case numb er: (3) Result: (4) Date of result: (5) Gro unds raised:

9 No 9

10. Did you file a m otion for relief fro m jud gment pursuant to Subchap ter 6.500 o f the M ichigan Court Rules with respect to the judgme nt of conviction and sentence? Yes 9 No 9 11. If your answer to 10 was "yes," give the following information: (a) (1) Date you filed : (2) Name o f court: (3) Do cket or case numb er: (4) Gro unds raised:

(5) Did you receive a hea ring where evidence was given on your m otion? Y es (6) Result: (6) Date of result:

9 No 9

Please submit, if available, a copy of any brief filed on your behalf and a co py of the decision by the co urt. -3-

(b) If you sought further review of the decision in the Michigan Court of Appeals, please answer the following: (1) Date you filed : (2) Do cket or case numb er: (3) Result: (4) Date of result: (5) Gro unds raised:

Please submit, if available, a copy of any brief filed on your behalf and a co py of the decision by the co urt. (c) If you sought further review of the decision in the Michigan Supreme Co urt, please answer the following: (1) Date you filed : (2) Do cket or case numb er: (3) Result: (4) Date of result: (5) Gro unds raised:

Please submit, if available, a copy of any brief filed on your behalf and a co py of the decision by the co urt. 12. Other than a d irect appeal or a motion for relief from judgment, have you previously filed any petitions, applications, or motio ns with respect to this judgment in any co urt, state or federal? Yes 9 No 9 13. If your answer to 12 was "yes," give the following inform ation: [Attach additional sheets of paper, if necessary, to answer the fo llow ing fo r eac h petition, a pplica tion, o r motion y ou filed.] (a) (1) Date you filed : (2) Name o f court: (2) Do cket or case numb er: (3) Nature of the proceed ing:

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(4) Gro unds raised:

(5) Did you receive a hea ring where evidence was given on your m otion? Y es (6) Result: (7) Date of result:

9 No 9

Please submit, if available, a copy of any brief filed on your behalf and a co py of the decision by the co urt. (b) Did you appeal to the highest court having jurisdiction the result of action taken on any petition, application or motion? Yes 9 No 9 If yes, please provide the following: (1) Date you filed : (2) Name o f court: (3) Result: (4) Date of result and case numbe r: (5) Gro unds raised:

Please submit, if available, a copy of any brief filed on your behalf and a co py of the decision by the co urt. (c) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did no t:

14. For this petition, state every ground on which you claim that you are being he ld in violation of the Co nstitution, laws, or treaties of the United States. Attach additional pages if you have more than four gro unds. State the facts supporting each ground. CAUTION: To proceed in the federal court, you must ordinarily first exhaust your available state-court remedies on each ground on which you request action by the federal court. Also, if you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date. -5-

GROUND ONE:

(a) Suppo rting FA CT S (D o not argue or cite law. Just state the specific facts that support your claim.):

(b) Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes (2) If you did not raise this issue in your d irect ap peal, explain why:

9 No 9

(c) Post-Conviction Proceedings: (1) Did you raise this issue in a motion for relief fro m jud gment pursuant to Subchapter 6.500 o f the Michigan Court Rules? Y es 9 No 9 (2) If your answer to Question (d)(1) is "Yes," state: Date motion was filed: Name and location of the co urt where the m otion was filed:

Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available):

Date of result: (3) Did you receive a hea ring on your m otion? Y es

9 No 9 9 No 9 9 No 9

(4) Did you appe al from the denial of your motion? Yes

(5) If your answer to Q uestion (d)(4) is "Yes," did you raise this issue in the appeal? Y es

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If yes, answer the following: Date you filed : Name and location of court: Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available) :

Date of result: (d) Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) that you have used to exhaust your state rem edies on G round O ne:

(e) If you did no t exhaust your state remedies on G round One, exp lain why:

G RO U ND TW O:

(a) Suppo rting FA CT S (D o not argue or cite law. Just state the specific facts that support your claim):

(b) Direct Appeal of Ground Two: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes (2) If you did not raise this issue in your d irect ap peal, explain why:

9 No 9

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(c) Post-Conviction Proceedings: (1) Did you raise this issue in a motion for relief from judgment pursuant to Subchapter 6.500 of the Michigan Court Rules? Y es 9 No 9 (2) If your answer to Question (d)(1) is "Yes," state: Date motion was filed: Name and location of the co urt where the m otion was filed:

Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available):

Date of result: (3) Did you receive a hea ring on your m otion? Y es

9 No 9 9 No 9 9 No 9

(4) Did you appe al from the denial of your motion? Yes

(5) If your answer to Q uestion (d)(4) is "Yes," did you raise this issue in the appeal? Y es If yes, answer the following: Date you filed : Name and location of court: Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available) :

Date of result: (d) Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) that you have used to exhaust your state rem edies on G round T wo:

(e) If you did no t exhaust your state remedies on G round Two, ex plain why:

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GROUN D THREE :

(a) Suppo rting FA CT S (D o not argue or cite law. Just state the specific facts that support your claim):

(b) Direct Appeal of Ground Three: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes (2) If you did not raise this issue in your d irect ap peal, explain why:

9 No 9

(c) Post-Conviction Proceedings: (1) Did you raise this issue in a motion for relief fro m jud gment pursuant to Subchapter 6.500 o f the Michigan Court Rules? Y es 9 No 9 (2) If your answer to Question (d)(1) is "Yes," state: Date motion was filed: Name and location of the co urt where the m otion was filed:

Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available):

Date of result: (3) Did you receive a hea ring on your m otion? Y es

9 No 9 9 No 9 9 No 9

(4) Did you appe al from the denial of your motion? Yes

(5) If your answer to Q uestion (d)(4) is "Yes," did you raise this issue in the appeal? Y es

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If yes, answer the following: Date you filed : Name and location of court: Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available) :

Date of result: (d) Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) that you have used to exhaust your state rem edies on G round T hree:

(e) If you did no t exhaust your state remedies on G round Three, explain why:

GROUND FOUR:

(a) Suppo rting FA CT S (D o not argue or cite law. Just state the specific facts that support your claim):

(b) Direct Appeal of Ground Four: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes (2) If you did not raise this issue in your d irect ap peal, explain why:

9 No 9

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(c) Post-Conviction Proceedings: (1) Did you raise this issue in a motion for relief from judgment pursuant to Subchapter 6.500 of the Michigan Court Rules? Y es 9 No 9 (2) If your answer to Question (d)(1) is "Yes," state: Date motion was filed: Name and location of the co urt where the m otion was filed:

Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available):

Date of result: (3) Did you receive a hea ring on your m otion? Y es

9 No 9 9 No 9 9 No 9

(4) Did you appe al from the denial of your motion? Yes

(5) If your answer to Q uestion (d)(4) is "Yes," did you raise this issue in the appeal? Y es If yes, answer the following: Date you filed : Name and location of court: Do cket or case numb er: Result (attach a copy of the co urt's opinion and order, if available) :

Date of result: (d) Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) that you have used to exhaust your state rem edies on G round Fo ur:

(e) If you did no t exhaust your state remedies on G round Fo ur, exp lain why:

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15. Have you p revio usly filed any type of petition, application or motion in a federal court regarding the conviction that you challenge in this petition? Y es 9 No 9 If "Yes,"state the date of filing, the name and location of the court, the docket or case number, the type of proceeding, the issues raised, the date of the court's decision, and the result for each petition, application, or motion filed. Attach a copy of any co urt opinion o r order, if availab le:

16. Do you have any p etition or app eal now pending (filed and not decid ed yet) in any court, either state or federal, as to the judgment you are challenging? Yes 9 No 9 If "Yes," state the date of filing, the name and location of the court, the docket or c ase number, the type of proceeding, and the issues raised:

17. Give the name and address, if known, of each attorney who represented you in the following stages of the judgment you are challenging: (a) At preliminary hearing:

(b) At arra ignme nt and plea:

(c) At trial:

(d) At sentencing:

(e) On appeal:

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(f) In any p ost-conviction proceed ing:

(g) On appeal from any adverse ruling in a p ost-conviction proceed ing:

18. Do you have any future sentence to serve after you complete the sentence imposed by the judgment you are challenging? Yes 9 No 9 (a) If so, give the nam e and locatio n of co urt which impo sed the sentenc e to be serve d in the future:

(b) Give the date the other sentence was imposed: (c) Give the length of the above sentence: (d) Have you filed, or do you plan to file, any petition that challenges the judgment or sentence to be served in the future? Yes 9 No 9 19. TIMELINESS OF PETITION : If your judgment of conviction became final over one year ago, you must explain why the oneyear statute of limitatio ns as co ntained in 28 U .S.C. § 224 4(d) does not bar your petition.*

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*The Antiterrorism and Effective Death Penalty Act of 199 6 ("AED PA ") as co ntained in 28 U .S.C. § 224 4(d) provides in part that: (1) A 1-year period of limitation shall ap ply to an application for a writ of habe as corpus b y a person in custody pursuant to the jud gment of a State court. Th e limitation period shall run from the latest of (A) the date on which the judgment beca me final by the co nclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered thro ugh the exercise of due diligence. (2) The time during which a properly filed application for State post-conviction or other collateral review with respe ct to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

Therefore, petitioner asks that the Court grant him or her the relief to which he may be entitled in this proceeding.

I declare und er penalty of perjury that the foregoing is true and correct and that this Petition for Writ of Habeas Corpus was placed in the prison mailing system on (month, date, year).

Signature of Petitioner

Date

Signature of A ttorney (if any)

If the person signing is no t petitioner or an attorney, state relationship to petitioner and explain why petitioner is not signing this petition.

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