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9-701. Petition for writ of habeas corpus.
[For use with District Court Criminal Rule 5-802]
STATE OF NEW MEXICO
COUNTY OF ___________________
IN THE DISTRICT COURT
For Official Use Only
(To be supplied by the
clerk of the court)
(Full name of prisoner)
(Name of warden, jailor
or other person having
power to release the
PETITION FOR WRIT OF HABEAS CORPUS
Instructions — Read Carefully
Make sure that all information provided in this form is true and correct. Make sure that all
necessary documents are attached, or explain why the documents are not being included. If you are
seeking free process, complete Form 9-403.
Finally, you must complete the certificate of service and mail or otherwise serve copies of
this petition on the respondent and the district attorney in the county in which the petition is filed.
You must file the original petition and one copy with the Clerk of the District Court. You should
keep a copy for your own records.
1. __________________ (name of person in custody) is imprisoned or otherwise restrained
at ______________________________ (name of facility and county of detention) by
________________________ (name and title of person having custody).
2. This petition
[ ] seeks to vacate, set aside or correct an illegal sentence or order of confinement
(i.e., ineffective assistance of counsel, illegal search and seizure, involuntary confession, or other
matters relating to the trial or sentence the confined person received).
[ ] challenges confinement or conditions of confinement or matters other than the
sentence or order of confinement. (This applies only to matters arising after the confined person
arrived at the institution, i.e., county jail confinement, mental hospital confinement, detention facility
confinement, good time credit, misconduct report, prison due process violation or parole).
3. State concisely the grounds and law, or other legal authorities on which the confined
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