This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
North Carolina Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
Instant download
Description
Free preview
Form popularity
FAQ
A habeas petition is appropriate for challenging the fact that you are in custody, or for challenging the length of time for which you have been committed to custody. If your habeas petition is granted, your term in custody will be invalidated to the extent that the custody is found to be unlawful.
Ineffective assistance of counsel (?IAC?) is a legal claim, most often raised in a petition for writ of habeas corpus, that seeks relief due to another lawyer's constitutionally deficient representation.
United States law affords persons the right to petition the federal courts for a writ of habeas corpus. Individual states also afford persons the ability to petition their own state court systems for habeas corpus pursuant to their respective constitutions and laws when held or sentenced by state authorities.
Habeas Corpus petitions are filed in a California court by inmates or, more specifically, their attorneys, claiming they have been unlawfully detained or imprisoned.
Federal courts can hear challenges to state criminal convictions pursuant to petitions for a writ of habeas corpus. While early Supreme Court cases interpreted that authority narrowly, subsequent cases allowed for broader federal review of state court convictions.
Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction. The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf.
Arguments that Can Overturn Convictions. A Writ of Habeas Corpus usually addresses claims of ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence, jury misconduct, and claims of actual innocence.
