Fillable Printable Petition for Writ of Habeas Corpus - New Mexico

Petition for Writ of Habeas Corpus - New Mexico

9-701. Petition for writ of habeas corpus.

[For use with District Court Criminal Rule 5-802 NMRA]

STATE OF NEW MEXICO

COUNTY OF ___________________

IN THE DISTRICT COURT

For Official Use Only

No. ___________

(To be supplied by the

clerk of the court)

______________________________,

(Full name of prisoner)

Petitioner,

______________________________,

(Name of warden, jailor

or other person having

power to release the

petitioner)

Respondent.

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 currently incarcerated, you may file the petition without payment of the filing fee. If you are

not incarcerated and 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.

PETITION FOR WRIT OF HABEAS CORPUS

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 facts upon which the confined person bases the claim:

______________________________________________________________________________

4. State concisely the grounds and law, or other legal authorities on which the

confined person bases the claim:

______________________________________________________________________________

5. Have the grounds being raised in this petition been raised previously in your direct

appeal? If so, explain the result. If not, explain why not:

______________________________________________________________________________

6. Have the grounds raised in this petition been raised previously in another petition

for a writ of habeas corpus? If so, explain the result. If not explain why not:

______________________________________________________________________________

7. Briefly describe the relief requested:

______________________________________________________________________________

8. State the nature of the court proceeding resulting in the confinement (i.e., criminal

prosecution, civil commitment, etc.), including:

(a) case name:

______________________________________________________________________________

(b) docket number:

______________________________________________________________________________

(d) name and location of the court in which the proceeding was held:

______________________________________________________________________________

9. State the date of the final judgment, order or decree for confinement:

______________________________________________________________________________

10. Attach a copy of the judgment, order or decree. If not, describe your sentence.

______________________________________________________________________________

11. Was the conviction the result of:

__________ Guilty plea

__________ No Contest plea (nolo contendere)

__________ Finding of guilty by judge or jury

12. Was the confined person represented by an attorney during the proceedings

resulting in the confinement?

__________ Yes

__________ No

13. If you answered “yes” to (12), list the name and address of each attorney who

represented the confined person:

______________________________________________________________________________

14. Did you appeal your conviction?

__________ Yes (Go to 15)

__________ No (Go to 16)

15. If you answered “yes” to (14), list:

(a) The name of each court to which an appeal was taken:

______________________________________________________________________________

(b) The case name and docket number for each appeal:

______________________________________________________________________________

opinion or order)

______________________________________________________________________________

(d) A summary of the grounds upon which each appeal was based:

______________________________________________________________________________

(e) The result of each appeal:

______________________________________________________________________________

(f) The name and address of the attorney on appeal:

______________________________________________________________________________

16. If you answered “no” to (14), state the reasons for not appealing:

______________________________________________________________________________

17. Apart from any appeals listed in (15), have any other post conviction applications,

petitions or motions, been filed with regard to this same imprisonment or restraint?

__________ Yes (Go to 18)

__________ No (Go to 19)

18. If you answered “yes” to (15), list with respect to each such petition or motion:

(a) The type of proceeding:

______________________________________________________________________________

(b) The name and date of each case:

______________________________________________________________________________

(d) the court, the administrative agency, or institutional grievance committee

from which relief was sought:

______________________________________________________________________________

(e) the result of each proceeding. (Attach a copy of each decision.)

______________________________________________________________________________

(f) The issues raised in each proceeding:

______________________________________________________________________________

(g) State whether a hearing was held in connection with each of these

proceedings:

______________________________________________________________________________

(h) State whether the confined person was represented by an attorney in each

proceeding and, if so, the attorney's name and address:

______________________________________________________________________________

19. Do you seek the appointment of counsel to represent you?

__________ Yes

__________ No

VERIFICATION

STATE OF NEW MEXICO

COUNTY OF __________________

I, the undersigned, being first duly sworn upon my oath, state that I am the petitioner in this

action. I have read the foregoing petition and know and understand its contents, and the

information contained herein is true and correct to the best of my knowledge, information and

belief. On ________________, _______ (date), I deposited this petition in the internal mail

system of the institution in which I am confined, properly addressed with any necessary postage

prepaid, for forwarding to the district court at the following address:

________________________________ Court (name of court)

_________________________ (city), New Mexico, _________ (zip code).

________________________________

(Signature)

________________________________

(Address)

________________________________

PNM No., if applicable

SUBSCRIBED AND SWORN TO before me this ________ day of

________________________, ________, by

________________________________________

(Name of petitioner)

________________________________________

Notary Public

________________________________________

My Commission Expires:

CERTIFICATE OF SERVICE

I hereby certify that true copies of the foregoing petition were served upon the respondent

and the district attorney in the county in which the petition is filed by

___________________________________ (describe manner of service), this ______ day of

______________, ________.

_________________________________

(Signature of petitioner)

USE NOTE

1. After this petition is reviewed by the Court, the Court will enter the order granting

or denying the writ or ordering a response before further action. The order shall be prepared by

the Court.

2. Petitioners who are incarcerated at the time of filing the petition need not file a

motion for free process and may file the petition without payment of the applicable filing fee. See

Rule 5-802(D)(2) NMRA

[Adopted, effective August 1, 1989; as amended by Supreme Court Order No. 09-8300-008,

effective May 6, 2009; as amended by Supreme Court Order No. 14-8300-014, effective for all

cases filed on or after December 31, 2014.]