Habeas Corpus Petition - State
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: [________________________________________________]
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
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