You can petition for a writ of habeas corpus yourself or your Nevada criminal defense attorney can do it for you. The petition must be typed or neatly written, and you must sign and date it under penalty of perjury.A false statement may lead to prosecution. Filing the Petition: The first step is for the petitioner, or their legal representative, to file a habeas corpus petition with the appropriate court. You must file your post-conviction Petition for Habeas Corpus either one year from your conviction, or one year from the denial of your direct appeal. 1. The petition for writ of habeas corpus form is designed to help you prepare a petition seeking relief pursuant to 28 U.S.C. § 2254. The court may extend, for good cause, the time to file a petition. Waive his right to file habeas petition, but not questioning lawyer's ability to proceed on an incompetent incarcerated person's behalf). 19. Once a defendant has completed the appellate and post-conviction process in state court, they can elect to file a petition for writ of habeas corpus in federal. For Nevada state law convictions, if you lose your state appeals, you have one (1) year to file a writ of habeas corpus in district court.
