Templates Criminal Law Habeas Corpus Petition - State

Habeas Corpus Petition - State

Ready to Edit

STATE HABEAS / POST-CONVICTION INTAKE AND READINESS WORKSHEET

DO NOT FILE THIS DOCUMENT. It does not select a state, court, remedy, respondent, deadline, or official form. Use it to organize facts and records for qualified counsel. After counsel selects the jurisdiction and remedy, transfer only verified information to that court's current official form or counsel-drafted filing.

1. Urgent Routing Information

Item Information
Person in custody / under restraint [________________________________]
Current location [________________________________]
Custody or restraint type [________________________________]
State whose judgment or action is challenged [________________________________]
Court and case number [________________________________]
Next scheduled event or release date [________________________________]
Any known filing date or deadline [________________________________]
Source of the stated deadline [________________________________]
Current lawyer, if any [________________________________]

☐ Counsel has been told about every known date, pending transfer, hearing, appeal, release event, and prior filing.

2. Remedy Selection — Counsel Only

Counsel should identify the correct procedure before drafting:

Question Counsel's determination
State and controlling jurisdiction [________________________________]
Correct remedy or procedural vehicle [________________________________]
Filing court [________________________________]
Required respondent or adverse party [________________________________]
Current official form and revision date [________________________________]
Current statute, rule, and constitutional authority [________________________________]
Filing fee or fee-waiver procedure [________________________________]
Verification / declaration requirement [________________________________]
Service or notice requirement [________________________________]
Page, exhibit, copy, and formatting rules [________________________________]

3. Judgment, Order, or Custody Being Challenged

Item Information
Court or agency [________________________________]
Case / docket number [________________________________]
Charge, judgment, order, or custody basis [________________________________]
Judgment or order date [__/__/____]
Sentence or restraint [________________________________]
Date custody began [__/__/____]
Expected end date, if known [__/__/____]
Plea / jury / bench / administrative result [________________________________]

Attach copies, if available:

  • ☐ Charging instrument
  • ☐ Plea agreement and plea transcript
  • ☐ Verdict
  • ☐ Judgment and sentence
  • ☐ Commitment or custody order
  • ☐ Revocation or disciplinary order
  • ☐ Docket sheet
  • ☐ Other: [________________________________________________]

4. Direct Review and Prior Proceedings

Record every prior or pending proceeding, whether filed by counsel or without counsel.

Proceeding Court / agency Case number Filed Decided Issues and result
Direct appeal [________] [________] [__/__/____] [__/__/____] [________]
Higher review [________] [________] [__/__/____] [__/__/____] [________]
Post-conviction filing [________] [________] [__/__/____] [__/__/____] [________]
Prior habeas filing [________] [________] [__/__/____] [__/__/____] [________]
Other collateral matter [________] [________] [__/__/____] [__/__/____] [________]

For each proceeding, attach:

  • ☐ Filing
  • ☐ Opposition or answer
  • ☐ Hearing transcript
  • ☐ Order or opinion
  • ☐ Notice of entry / mailing record
  • ☐ Appellate mandate
  • ☐ Proof of filing date
  • ☐ Other: [________________________________________________]

5. Deadline and Successive-Filing Audit

Do not calculate a deadline from memory. Counsel should record each controlling source and calculation.

Deadline issue Verified information
Triggering event [________________________________]
Date of triggering event [__/__/____]
Time allowed [________________________________]
Current official source and URL [________________________________]
Tolling or pause periods [________________________________]
Prior filing effect [________________________________]
Calculated deadline [__/__/____]
Independent second-person check [________________________________]

Prior or successive-filing restrictions identified by counsel:

[____________________________________________________________]

6. Issue Inventory

Describe the facts without assigning a legal label unless counsel has verified it.

Issue 1

What happened:

[____________________________________________________________]

Who was involved and who knew:

[____________________________________________________________]

When and where it happened:

[____________________________________________________________]

Record, witness, transcript, or exhibit supporting it:

[____________________________________________________________]

Where the same issue was previously presented, if anywhere:

[____________________________________________________________]

Issue 2

What happened:

[____________________________________________________________]

Who was involved and who knew:

[____________________________________________________________]

When and where it happened:

[____________________________________________________________]

Record, witness, transcript, or exhibit supporting it:

[____________________________________________________________]

Where the same issue was previously presented, if anywhere:

[____________________________________________________________]

Issue 3

What happened:

[____________________________________________________________]

Supporting record and prior presentation:

[____________________________________________________________]

7. Record and Evidence Inventory

  • ☐ Complete trial or hearing transcripts
  • ☐ Exhibits
  • ☐ Discovery
  • ☐ Police, agency, laboratory, medical, or expert records
  • ☐ Counsel file
  • ☐ Witness statements and contact information
  • ☐ Correspondence and electronic communications
  • ☐ Newly located item, with date and method of discovery
  • ☐ Custody, classification, disciplinary, parole, or release records
  • ☐ Other: [________________________________________________]

Missing material and efforts to obtain it:

[____________________________________________________________]

8. Counsel Review of Each Proposed Issue

Review item Issue 1 Issue 2 Issue 3
Current legal ground selected [________] [________] [________]
Official authority fetched this session [________] [________] [________]
Required elements [________] [________] [________]
Prior-presentation requirement [________] [________] [________]
Preservation / waiver concern [________] [________] [________]
Standard of review [________] [________] [________]
Available relief [________] [________] [________]
Evidence supporting each element [________] [________] [________]

9. Filing-Packet Readiness

Before any filing is prepared:

  • ☐ The state, court, remedy, respondent, and official form are selected.
  • ☐ Current official law and rules were fetched and read.
  • ☐ Every deadline was calculated and independently checked.
  • ☐ Every prior filing and decision was reviewed.
  • ☐ Every issue was matched to its record support and prior presentation.
  • ☐ Successive-filing, waiver, preservation, and procedural-default issues were analyzed.
  • ☐ Required exhibits, copies, fee materials, verification, and service materials are ready.
  • ☐ The final filing contains no option text, drafting notes, or unsupported factual assertion.
  • ☐ A lawyer licensed in the selected state reviewed the completed filing.

10. Intake Certification

I certify only that the factual information I supplied in this intake is complete to the best of my present knowledge. I understand that this worksheet is not a court filing and does not select or preserve any claim, deadline, or remedy.

Signature: ____________________________________ Date: [__/__/____]

Printed name: [________________________________________________]

Ezel AI
Hi! Want this done for you? Tell me your situation and I'll fill in every section and tailor it to your state.
You get the finished Word & PDF in about 5 minutes. $99 one time for this document, or $249/mo for access to every document and every Ezel app. Want me to start?
AI Legal Assistant
Ezel AI
Hi! Want this done for you? Tell me your situation and I'll fill in every section and tailor it to your state.
You get the finished Word & PDF in about 5 minutes. $99 one time for this document, or $249/mo for access to every document and every Ezel app. Want me to start?

Insert Image

Insert Table

Watch Ezel in action (sample case)

All changes saved
Save
Export
Export as DOCX
Export as PDF
Generating PDF...
habeas_corpus_petition_state_universal.pdf
Ready to export as PDF or Word
AI is editing...
Chat
Review

Get your finished document

Filled in for your situation. Drafting from scratch takes hours; finish yours in about 5 minutes for $99 one time.

  • Deep Legal Knowledge
    Understands case law, statutes, and legal doctrine.
  • Court-Ready Formatting
    Proper captions and local-rule compliance.
  • AI-Powered Editing
    Tailor every section to your case.
  • Export as PDF & Word
    Ready to file or send.
Secure checkout via Stripe
Need to customize this document?

About This Template

Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on 2026-08-23.

Last updated: 2026-08-23

Get your Habeas Corpus Petition - State, done and ready to use

Fill it in for your situation, adjust it for your state, and download the finished Word and PDF. Let the AI do it in about 5 minutes, or finish it yourself in the editor. $99 one time, or go Pro for access to every document and every Ezel app.