To use this form, you must be a person who is or will be serving a sentence under a judgment against you in a state court. A habeas corpus petition attacking a criminal conviction or sentence shall be filed within two years from the date of final judgment in the trial court.These instructions and forms are provided to those who seek to petition the Supreme. The federal habeas petition has to be filed in the United States District Court that sits in the District covering the circuit court of conviction and sentence. The writ of habeas corpus is an extraordinary remedy designed to test the validity and legality of detention or incarceration. The § 2254 allows us to bring U.S. Constitutional Issues into a Federal Court (U. (a) Form of petition; copies. Evidentiary hearings in habeas corpus proceedings filed in the Virginia Supreme Court under its original jurisdiction. The law in the area is an intricate weave of statute and case law. Cases is the same as for a direct appeal in the Supreme Court of Virginia.