You do not need to cite law. If you want to file a brief or arguments, you must attach a separate memorandum. 3.Who May Use This Form. The Writ of Habeas Corpus demands that requires a prisoner must go before the court to determine if there is lawful authority to detain the prisoner. A writ of habeas is not going to accomplish the desired result. A Writ of Habeas Corpus is a motion which is filed most frequently to ensure that a Defendant's imprisonment or detention is not illegal. In this petition, you must explain why you believe you are being unlawfully detained and provide evidence to support your claim. Waive his right to file habeas petition, but not questioning lawyer's ability to proceed on an incompetent incarcerated person's behalf). 19. That you receive all court orders and correspondence in this matter. III. First, a U.S.C. § 2254 allows us to file a petition for Habeas Corpus when the client is in custody under sentence of a state court and is in a state prison.
