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. Petitioner did not directly appeal the judgment of conviction up to the Supreme Court of Virginia, nor did he file a petition for habeas corpus in that 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. Upon a Petition for Writ of Habeas Corpus. A case in which the Court held that a timely Rule 59(e) motion to "amend or alter" a habeas court's judgment is not a second or successive habeas petition. (Record No. 081651). Ferebee filed a petition for writ of habeas corpus in this Court alleging ineffective assistance of counsel and trial error claims. Petitioner Leon Martin, a Virginia inmate proceeding pro se, brings this action as a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. The Supreme Court dismissed Petitioner's petition for writ of habeas corpus, holding that the petition was untimely under Va. Code 8.01-654(A)(2). Am petitioning the Supreme Court of Virginia for a writ of actual innocence.
