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Virginia Petition for Writ of Habeas Corpus

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Virginia Petition for Writ of Habeas Corpus
Virginia Petition for Writ of Habeas Corpus
Page 1
Petition for Relief From a Conviction or Sentence
By a Person in State Custody
(Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus)
Instructions
1. To use this form, you must be a person who is currently serving a sentence under a judgment
against you in a state court. You are asking for relief from the conviction or the sentence. This
form is your petition for relief.
2. You may also use this form to challenge a state judgment that imposed a sentence to be served in
the future, but you must fill in the name of the state where the judgment was entered. If you
want to challenge a federal
judgment that imposed a sentence to be served in the future, you
should file a motion under 28 U.S.C. § 2255 in the federal court that entered the judgment.
3. Make sure the form is typed or neatly written.
4. You must tell the truth and sign the form. If you make a false statement of a material fact, you
may be prosecuted for perjury.
5. Answer all the questions. You may submit additional pages if necessary. If you do not fill out
the form properly, you will be asked to submit additional or correct information. If you want to
submit a brief or arguments, you must submit them in a separate memorandum.
6. You must pay a fee of $5. If the fee is paid, your petition will be filed. If you cannot pay the fee,
you may ask to proceed in forma pauperis (as a poor person). To do that, you must complete an
Application to Proceed Without Prepayment of Fees and Affidavit. If you would like to receive
this application form, please request one when you send in your petition. Also, you must submit
a certificate signed by an officer at the institution where you are confined showing the amount of
money that the institution is holding for you.
7. In this petition, you may challenge the judgment entered by only one court. If you want to
challenge a judgment entered by a different court (either in the same state or in different states),
you must file a separate petition.
8. When you have completed the form, send the original and two copies to the correct Clerk of the
United States District Court:
Clerk or Clerk
United States District Court United States District Court
for the Eastern District of Virginia for the Western District of Virginia
701 East Broad St, Suite 3000 Post Office Box 1234
Richmond, VA 23219-3528 Roanoke, VA 24006-1234
9. CAUTION:
You must include in this petition all the grounds for relief from the
conviction or sentence that you challenge. And you must state the facts and law that
support each ground. If you fail to set forth all the grounds in this petition, you may
be barred from presenting additional grounds at a later date.
10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the
assistance of counsel and should request the appointment of counsel.
Virginia Petition for Writ of Habeas Corpus
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