Wisconsin Petition for Writ of Habeas Corpus 3

PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF
HABEAS CORPUS BY A PERSON IN STATE CUSTODY
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(If you were sentenced under a federal judgment which you wish to attack, you should file a motion under
28 U.S.C. § 2255 in the federal court which entered the judgment.)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY
Instructions-Read Carefully
(1)
You must legibly handwrite or type this petition and sign it under penalty of perjury. Any false statement of a
material fact may serve as the basis for prosecution and conviction for perjury. You must answer all questions
concisely in the proper space on the form.
(2)
You may not attach additional pages except with respect to the facts which you rely upon to support your grounds
for relief and except for court orders and decisions that this form requests. You need not cite any legal
authorities. If you submit briefs or legal arguments, you should submit them in a separate memorandum.
(3)
Upon receipt of a fee of $5, your petition will be filed if it is in proper order.
(4)
If you do not have the necessary funds for transcripts, counsel, appeal, and other costs connected with a motion
of this type, you may request permission to proceed in forma pauperis, in which event you must execute form AO
240 or any other form required by the court, setting forth information establishing your inability to pay the costs.
If you wish to proceed in forma pauperis, you must have an authorized officer at the penal institution complete
the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
If the court does not grant your request to proceed in forma pauperis, you must pay the filing fee as required by
the rules of the district court.
(5)
You may only challenge judgments entered by one court in a single motion. If you seek to challenge judgments
entered by different courts either in the same state or in different states, you must file separate petitions as to
each court.
(6)
You must include all grounds for relief and all facts supporting such grounds for relief in the petition you file
seeking relief from any judgment of conviction.
(7)
When you fully complete the petition, you must mail the original and at least two copies to:
Clerk of the Court
United States District Court
Eastern District of Wisconsin
362 U.S. Courthouse
517 East Wisconsin Avenue
Milwaukee, WI 53202
(8)
Petitions which do not conform to these instructions will be returned with a notation as to the deficiency.
PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF
HABEAS CORPUS BY A PERSON IN STATE CUSTODY
United States District Court
Name
District
Prisoner No.
Case No.
Place of Confinement
Name of Petitioner (include name under which convicted)
Name of Respondent (authorized person having custody of petitioner)
V.
The Attorney General of the State of:
PETITION
1.
Name and location of court which entered the judgment of conviction under attack
2.
Date of judgment of conviction
3.
Length of sentence
4.
Nature of offense involved (all counts)
5.
What was your plea? (Check one)
9
9
9
(a) Not guilty
(b) Guilty
(c) Nolo contendere
If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or
indictment, give details:
6.
If you pleaded not guilty, what kind of trial did you have? (Check one)
9
9
(a) Jury
(b) Judge only
7.
Did you testify at the trial?
Yes
8.
9
No
9
Did you appeal from the judgment of conviction?
Yes
9
No
9
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9.
If your answer to 8. was “yes,” attach a copy of the appeals court decision to this petition and answer the
following:
(a) Name of court (e.g., Wisconsin Court of Appeals)
(b) Result
(c) Date of result and citation, if known
(d) List all grounds you raised (1)
(2)
(3)
(4)
10.
Did you seek further review of the appeals court decision by a higher state court (e.g., the Wisconsin Supreme
Court)?
9
Yes
11.
No
9
If your answer to 10. was “yes,” attach a copy of the higher state court decision to this petition and answer the
following:
(a) Name of court
(b) Result
(c) Date of result and citation, if known
(d) List all grounds you raised (1)
(2)
(3)
(4)
12.
Did you file a petition for certiorari in the United States Supreme Court?
Yes
13.
9
No
9
If your answer to 12. was “yes,” attach a copy of the United States Supreme Court decision to this petition and
please answer the following with respect to each direct appeal you asked the United States Supreme Court to
review:
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(a) Result
(b) Date of result and citation, if known
(c) List all grounds you raised (1)
(2)
(3)
(4)
14.
Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions,
applications, or motions (e.g. a petition under Wis. Stat.§ 974.06, a state habeas petition, or a previous petition
under 28 U.S.C. 2254) with respect to this judgment in any court, state or federal?
9
Yes
15.
No
9
If your answer to 14. was “yes,” attach a copy of that court’s decision to this petition and give the following
information:
(a) Name of court
(b) Nature of proceeding
(c) Date Filed
(d) List all grounds you raised (1)
(2)
(3)
(4)
(e) Did you receive an evidentiary hearing on your petition, application, or motion?
Yes
9
No
9
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(f) Result
(g) Date of result
16.
If your answer to 14. was “yes” and you also filed a second petition, application, or motion, attach a copy of that
court’s decision to this petition and give the same information:
(a) Name of court
(b) Nature of proceeding
(c) Date Filed
(d) List all grounds you raised (1)
(2)
(3)
(4)
(e) Did you receive an evidentiary hearing on your petition, application, or motion?
Yes
(f) Result
9
No
9
(g) Date of result
As to any third, fourth, etc. petition, application, or motion, attach a copy of that court’s decision to this petition
and give the same information asked for under 15. and 16.
17.
If your answer to 14. was “yes” and if the court did not grant the petition(s), application(s), or motion(s) you listed
under 15. and 16., did you appeal to an intermediate court of appeals (e.g., the Wisconsin Court of Appeals or
the Seventh Circuit Court of Appeals)?
Yes
18.
9
No
9
If your answer to 17. was “yes,” attach a copy of the appeals court decision to this petition and answer the
following regarding each petition, application, or motion:
(a) Name of court
(b) Date Filed
(c) Result
(d) Date of result and citation, if known
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(e) List all grounds you raised (1)
(2)
(3)
(4)
19.
Did you appeal to the highest state court (e.g., the Wisconsin Supreme Court) or the United States Supreme
Court for review of decisions regarding the petition(s), application(s), or motion(s) you listed in 15. and 16.?
(a) First petition
Yes
(b) Second petition
Yes
(c) Third petition
Yes
9
9
9
No
No
No
9
9
9
[List any other petition and indicate yes or no.]
20.
For each “yes” answer in 19., attach a copy of that court’s decision to this petition and give the following
information:
(a) Name of court
(b) Date filed
(c) Result
(d) Date of result and citation, if known
(e) List all grounds you raised (1)
(2)
(3)
(4)
21.
If you did not appeal from the adverse action on any petition, application, or motion, explain briefly why you did
not:
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22.
State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts
supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting
same.
CAUTION: In order to proceed in federal court, you must ordinarily first exhaust your available state court
remedies as to each ground on which you request action by the federal court. See 28 U.S.C. §2254(b). If you
fail to set forth all grounds in this petition, you may be barred from presenting additional grounds at a later date.
See 28 U.S.C. §2244(b).
For your information, the following is a list of the most frequently raised grounds for relief in habeas corpus
proceedings. Each statement preceded by a letter constitutes a separate ground for possible relief. You may
raise any grounds which you may have other than those listed if you have exhausted your state court remedies
with respect to them. However, you should raise in this petition all available grounds (relating to this conviction)
on which you base your allegations that you are being held in custody unlawfully.
Do not check any of these listed grounds. If you select one or more of these grounds for relief, you must
allege facts. The petition will be returned to you if you merely check (a) through (j) or any one of these grounds.
(a)
(g)
(h)
(i)
(j)
Conviction obtained by plea of guilty which was unlawfully induced or not made voluntarily with
understanding of the nature of the charge and the consequences of the plea.
Conviction obtained by use of coerced confession.
Conviction obtained by use of evidence gained pursuant to an unconstitutional search and seizure.
Conviction obtained by use of evidence obtained pursuant to an unlawful arrest.
Conviction obtained by a violation of the privilege against self-incrimination.
Conviction obtained by the unconstitutional failure of the prosecution to disclose to the defendant evidence
favorable to the defendant.
Conviction obtained by a violation of the protection against double jeopardy.
Conviction obtained by action of a grand or petit jury which was unconstitutionally selected and impaneled.
Denial of effective assistance of counsel.
Denial of right of appeal.
A.
Ground one:
(b)
(c)
(d)
(e)
(f)
Supporting FACTS (state briefly without citing cases or law):
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B.
Ground two:
Supporting FACTS (state briefly without citing cases or law):
C.
Ground three:
Supporting FACTS (state briefly without citing cases or law):
D.
Ground four:
Supporting FACTS (state briefly without citing cases or law):
23.
If you did not previously present any of the grounds listed in 22A, 22B, 22C, and 22D in any other court, state or
federal, state briefly what grounds you did not present and give your reasons for not presenting them:
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24.
Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under
attack?
9
Yes
No
9
(a) Name of court
(b) Nature of proceeding
(c) Date filed
(d) List all grounds you raised (1)
(2)
(3)
(4)
25.
Give the name and address, if known, of each attorney who represented you in the following stages of the
judgment you challenge in this petition:
(a) At preliminary hearing
(b) At arraignment and plea
(c) At trial
(d) At sentencing
(e) On appeal
(f) In any post-conviction proceeding
(g) On appeal from any adverse ruling in a post-conviction proceeding
26.
Were you sentenced on more than one count of an indictment, or on more than one indictment, in the same court
and at the same time?
Yes
9
No
9
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27.
Do you have any future sentence to serve after you complete the sentence imposed by the judgment under
attack?
Yes
9
No
9
(a) If so, give name and location of court which imposed sentence to be served in the future:
(b) Give date and length of the above sentence:
(c) Have you filed, or do you contemplate filing, any petition attacking the judgment which imposed the sentence
to be served in the future?
Yes
9
No
9
Wherefore, petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding.
Signature of Attorney (if any)
I declare under penalty of perjury that the foregoing is true and correct. Executed on
(Date)
Signature of Petitioner
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