West Virginia Petition for Writ of Habeas Corpus 1
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POST-CONVICTION HABEAS CORPUS FORM
PETITION FOR WRIT OF HABEAS CORPUS
AD SUBJICIENDUM UNDER W. VA. CODE § 53-4A-1
Instructions - Read Carefully (Revised October 2005)
1.This petition must be legibly handwritten or typewritten, and signed by the petitioner under
penalty of perjury. Any false statement of a material fact may serve as the basis for
prosecution and conviction for perjury. All questions must be answered concisely in the
proper space on the form.
2.Additional pages are not permitted except with respect to the facts which you rely upon to
support your grounds for relief. No citation of authorities need be furnished. If briefs or
arguments are submitted, they should be submitted in the form of a separate memorandum.
3.Upon receipt of the required filing fee, your petition will be filed if it is in proper order.
4.Ifyou do not have the necessary funds for fees, transcripts, counsel, and other costs
connectedwith a petition of this type, you may request permission to proceed in forma
pauperis, by executing the form attached as Appendix B, setting forth information
establishing your inability to pay the costs. If you wish to proceed in forma pauperis, you
musthave an authorized officer at the penal institution complete the certificate as to the
amount of money on deposit to your credit in any account in the institution.
5.Your attention is directed to the fact that you must include all grounds for relief and all
factssupporting such grounds for relief in the petition you file seeking relief from any
judgment of conviction.
6.When the petition is fully completed, the original and at least two copies may be mailed to
(1) the clerk of the circuit court of the county where you are incarcerated; or (2) the clerk
of the circuit court of the county where you were convicted and sentenced. You may also
filethe petition with the Clerk of the Supreme Court of Appeals. You are advised,
however, that the Supreme Court rarely grants relief on petitions originally filed there.
7.Petitions which do not conform to these instructions will be returned with a notation as to
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